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the english legal system

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Introduction

Sir John Salmon said that law was "The body of principles recognised and applied by the state in the administration of justice." I am going to examine the principles and the application of the administration of justice that is referred to in the quotation. I will be talking about the impact of Human Rights Act 1998 and the different sources of law with examples and descriptions of the criminal and civil procedures. The rule of law. The rule of law can be difficult to explain definitively, however it is often recognised as a means of ensuring the protection of individual rights against unfettered government power. The rule of law is the supremacy of law over man. There are some important principles relating to the rule of law, these were identified by a well known philosopher called Razz. The general concept of the rule of law in the UK has become identified with Dicey's explanation of the doctrine in his 1885 text, the law of the constitution. According to Dicey, the rule of law was a distinct feature of the UK constitution. The impacts of the Human Rights Act 1998. One of the aims of the Human Rights Act 1998 was to create a 'rights culture'. ...read more.

Middle

The parliament Act 1911 originally restricted the ability of the House of Lords to delay legislation. It said that if two years had elapsed since the House of Lords had rejected a bill; the proposal legislation could become an act of parliament without having to refer to the House of Lords. The 1911 act was amended by the new 1949 act. It then reduced the period to one year. However the claimants argued that this was not permissible as the act had been passed without reference of the House of Lords. Accordingly as the Hunting Act 2004 was enacted relying upon the unlawful 1949 act, it was also unlawful. The Court of Appeal rejected the claim. It stated that both the Parliament Act 1949 and the Hunting Act 2004 was validly passed. The hunting Act had been passed without reference to the House of Lords after one year has elapsed, and the parliament acts had made a fundamental change allowing the consent of the House of Lords to be dispensed with, so long as there was a one year delay. Therefore, there were no grounds for arguing that it was an invalided act. The Doctrine of Parliamentary Supremacy. Parliament is the ultimate legal power in the UK. ...read more.

Conclusion

- Substantive Ultra Vires- The minister or local authority exceeds the powers given to him under the enabling act. Ratio Decindendi and Obiter Dicta If legal reasons are known for past decisions then precedent can only operate, but only when these reasons are known. There will be a judgement at the end of a case, this will be made by the judge giving the decision and more importantly, explaining the reasons for that decision. The judge is likely to give a summary of the facts of the case in a judgement; he will also review the arguments that are out to him by the lawyers in the case. After he has done that he will explain the principles of the law he is using to come to the decision. The ratio decindendi is to be found in the reasons for the decision. Based on the material facts of the case it can be defined as the principle of law. However do not expressly state the ratio decindendi in a case. In future cases the ratio of a case must be interpreted by judges, when deciding if the material facts are sufficiently similar to his present case. Obiter dicta is another legal statement, reasoning or argument that is not based upon the specific facts of the case. It can be highly persuasive, but not binding. Obiter dicta is also known as "things said in passing". ?? ?? ?? ?? ...read more.

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