• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

The main sources of English law.

Extracts from this document...

Introduction

The main sources of English law In UK there are three main sources of English law, Legislation (Statue Law), Common Law (Judge-made Law) and the European Communities law. English Law was historically based on customs and social traditions. Today Custom Law is a part of Common Law, notably being in cases where there was no judicial precedent but which were known to exist since time memorial (i.e. since 1189). Many of these laws such as the Fisherman's Case (1894) 2 East PC 661(http://wilmington.butterworths.co.uk/citator-0/Citator.ASP?WCI=tmpSearch&WCE=Form&WCU=) in criminal law and Beckett Ltd v. Lyons [1967] 1 All ER 833 the law of user in Land Law are still good law. Custom law can still be used to argue a case provided the conditions set out by law are met. It is important to remember though that 'law never goes out of date, and it does not become obsolete because of passage of time' (Pg 41, Longshaw, A & Hughes, M W200: Understanding Law - Manual 1 (6th Edition), (2002), Oxford University Press, Oxford). ...read more.

Middle

Delegated legislation has same legal force and effect as the Act of Parliament. The advantages of delegated legislation are: time saving, access to particular expertise and, flexibility. On the other hand it can be a disadvantage due to lack of accountability and effective scrutiny as it can erode the constitutional powers of the Parliament. Another major source of law comes from judges deciding cases before them, also referred to as Case Law. Judges use various rules to interpret legislation and the intention of the Parliament. For example, in the case of Royal College of Nursing v. DHSS [1981] 1 All ER 545, three judges gave their judgment using the mischief rule and two judges used the literal rule to interpret the Abortion Act 1967, and the intention of the Parliament (173 and 174 Slapper G. and Kelly D. The English Legal System (5th Edition), (2001) Cavendish Publishing Ltd, London, Sydney). One example of when judges have actually made new law is the case of R v. ...read more.

Conclusion

The third source of law in England is European Community Law. The most important source of EC legislation comes from the founding treaties: the Treaty of Rome, the Treaty of European Union, and the Treaty of Amsterdam. The other forms of legislation made by the European Community are the regulations, directives and also the decisions made by the European Courts of Justice. The EC Law did not become binding on the UK until it was incorporated into our national law by the European Communities Act 1972. This is because international law is not regarded as a part of the UK legal system until an Act of Parliament has incorporated it. Once the European Communities Act 1972 had been enacted all EC Law became part of our national law. This means that if a national law conflicts with the EC law, the UK courts are required to apply the EC law in preference to the national law. Although nothing abridges the ultimate power of Parliament to set, for example, stricter standards than EC Law demands. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our GCSE Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related GCSE Law essays

  1. Marked by a teacher

    Judicial precedent.

    3 star(s)

    ( Decisions of commonwealth courts. ( Decisions of Scottish or Irish courts even thought they are not part of the English legal system. (Decisions of courts inferior to that hearing the case. 12. In return to judicial precedent explain the meaning of the following terms; (Distinguish; where the facts of the case before the judge

  2. Criminal Law (Offences against the person) - revision notes

    The defence is criticized because it is more acceptable by judges when the defendant has committed a serious crime R v Bratty (1963) - Lord Denning said 'any mental disorder which has manifested itself in violence and is prone to reoccur is a disease of the mind' This suggests that it leads to violence and it is prone to reoccur.

  1. civil law, criminal law and habeas corpus

    The acquittal rate is high, and those convicted are often given lenient sentences; in English law, the maximum penalty is life imprisonment, but this is rarely imposed. Recent writers have argued that, contrary to popular beliefs that women enjoy or provoke rape, that men commit rape because of uncontrollable sexual

  2. Worlds Apart: Orientalism, Antifeminism, and Heresy in Chaucer's Man of Law's Tale

    But, as the rhetoric of proximity dictates, at exactly this juncture the Man of Law reveals the corruption within Islam that calls for its violent repositioning as Other. Upon learning of her son's conversion and negotiations to wed Custance, the sultaness herself feigns conversion and requests the honor of holding a banquet for her son and his Roman guests.

  1. To What Extent Have the Main Aims of the Land Registration Acts Been Met?

    Consequently, the Land Register seeks to provide a complete picture of land ownership in England and Wales and do away with the need to repeatedly examine title deeds on successive sales. The two systems are mutually exclusive; land either falls into one system or the other, but never at the same time.

  2. 'The European Court of Justice played a decisive role in the transformation of the ...

    It cited Van Gend5; "the states had limited their sovereign rights" and went on to say: "The transfer by the States from their domestic legal system of the rights and obligations arising under the Treaty carries with it a permanent limitation of their sovereign rights, against which a subsequent unilateral act incompatible with the concept of the Community cannot prevail".

  1. The Law Relating to Negotiable Instruments

    Only bills of exchange can be dishonored by non-acceptance, since only bills of exchange require acceptance. Promissory notes, bills of exchange and checks can be dishonored by non-payment. Dishonor by non-acceptance 1. "When after due presentation, the bill is not accepted by drawee."

  2. Types of Court in the English Legal System.

    They can't for instance, mention the names of the people in the courtroom. The court itself if similar to every other court in the UK, but the magistrate has been given special training in how to handle young people that come before them.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work