Law Case Study

Question 1

Two main sources of law in the common law system are statutes and judicial decisions. The UK’s law inherited from the authority of courts which developed over the centuries, following the ‘stare decisis’ doctrine which built the stability and certainty in the law. This law survived for over a thousand years even in the absence of the statutory regulations in some areas. However, the Parliament as the supreme law-making body has the power to override or change current case law through the legislation but its power has been significantly weakened since signing the European Community Act in 1972. The membership covers some important areas as communication, trade and the human rights therefore influencing domestic law significantly. (OU, 2014, Unit 4)

There is a debate about the prevailing role of a statute over the common law in the light of development of civil and criminal liability and this essay will provide evaluation whether or not this statement is accurate based on the legal system in England and Wales.

Both, the statute and the case law cover the criminal and civil disputes, their rights and responsibilities. Civil liability can be

This action is contradictory to statutes which consist of rigid statements and therefore cannot be used in conjunction with other areas of law. For example, in Fisher v Bell (1961) “…where principles developed in the law of contract were used in criminal case” (OU, 2014, unit 4b), the offence fell under the Restriction of Offensive Weapons Act 1959, however the definitions of an offer and an invitation to treat have been applied to find an appropriate outcome. Furthermore this illustrates, that even the criminal law, generally based on the legislature, can built on common law principles. (OU, 2014, unit