Exploration of English Law In English law, there is no formal separation of public and private
law, no constitutional court and before the enactment of the Human
Rights Act 1998 there has been no catalogue of fundamental rights as
it can be found in many continental European constitutional documents.
The major source of fundamental rights in English law is now
undoubtedly the Human Rights Act 1998 (HRA) which implements the
European Convention on Human Rights (ECHR) into English law, which
came into force on 2 October 2000.
In accordance with the doctrine of parliamentary sovereignty, the HRA
has no higher status than other Acts of Parliament. It is not possible
for courts to override primary legislation that is incompatible with
convention rights, or to declare it unconstitutional. This is
portrayed in s 4 of the act which empowers the courts to declare that
primary legislation is incompatible with the ECHR. This declaration,
however, does not affect the validity, continuing operation and
enforcement of the provision in question which remains even applicable
to the case in question.
The primary responsibility for ensuring compliance with the Convention
is placed on ‘public authorities’, s. 6 HRA 1998. Section 6 (1) of the
Human Rights Act states that ‘it is unlawful for a public authority
to act in a way which is incompatible with a convention right’.
Section 6 (3) (b) further provides that ‘public authority’ includes
‘any person certain of whos...
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...plar Housing and Regeneration Community Association Ltd v
Donoghue [2001] 33HLR 823-846
[3] [2004] UKHL56
[4] Schedule to the Human Rights Act 1998 (Designated Derogation)
Order 2001. Derogation isonly permitted under Article 15 of the
Convention in “ time of war or other public emergencythreatening the
life of the nation… to the extent strictly required by the exigencies
of the situation..”
[5] Douglas and other v. Hello! Ltd and other [2003] All ER 209
[6] Wainwright and another v Home Office [2003] UKHL 53.
[7] [2002] Ch 380
[8] Gender Recognition Act 2004, and the Civil Partnership Act 2004
[9] 2 AC 532 (HL).
[10] [1979-80] 1 EHRR 737 para 49
[11] R (ProLife Alliance) v British Broadcasting Corporation [2003] 2
WLR 1403.
[12] Eric Barendt, Free Speech and Abortion [2003] P.L 580.
The system of crime and law enforcement had hardly changed in Britain since the medieval times. Justices of the Peace or JPs were appointed by the Crown since 1361. Before the night watchmen and parish constables were introduced a primitive police force was introduced and the JPs were assisted by constables who only worked part time and were very unreliable as the pay was really bad. The early stages of the force consisted of a night watchmen and parish constables, who were prior to the creation of the main police force. Watchmen were groups of men, usually authorised by a state, government, or society, to deter criminal activity and provide law enforcement. Constables were required to apprehend anyone accused of a felony and bring criminals to a justice of the peace. They also had a general responsibility to keep the peace. There was no expectation that they would investigate and prosecute crimes because of limited responsibility and training. Night watchmen patrolled the streets between 9 or 10pm until sunrise and were expected to examine all suspicious characters. In the City of London, the City Marshall and the Beadles (Parish wardens) conducted daytime patrols. Similar to the night watchmen, primary responsibilities were to patrol and deter, drunkenness, beggars, vagrants and prostitutes and to act as a deterrent against more serious offences. Over the course of this period, the arrangements by which men served as constables and watchmen changed significantly, to incorporate how felons were detected and apprehended.
The merits of both the adversarial and inquisitorial system will be explored throughout this paper. The Australian rule of law best describes as all law should be applied equally and fairly. The five vital operations of the rule of law includes fairness, rationality, predictability, consistency, and impartially. The adversarial system adopts these operations by having a jury decide on the verdict and the judge being an impartial decision maker. In contrast, the inquisitorial system relies heavily on the judge. This can result in abusive power and bias of the judge when hearing evidence and delivering verdicts. The operations of the rule of law determine why the rule of law is best served by the adversarial system in Australia.
March 20th, 2003, a girl named Lexi Lin Schuster was born in Milwaukee, Wisconsin. She was born into a family consisting of a mother and father. 2 years later March 19th, 2005 Lexi's younger sister, Shelby was born. In 2007 Lexi got a cat, Marcus. Lexi's family and her lived together for about 2 more years, until in 2009 when her parents divorced. This same year her mom brought Lexi with her to Dubuque, Iowa, bought a house, and entered 1st grade at Bryant elementary. A year later in 2010, her mom moved and Lexi went to Eisenhower for 2nd grade. Later that year Lexi's father remarried. In 2011, Lexi moved back to a house near Bryant, and attended Bryant for 3rd, 4th, and 5th grade. A while later Lexi moved into her current apartment. In 2013,
Culver, Keith Charles. Readings in the philosophy of law. 1999. Reprint. Peterborough, Ont.: Broadview Press, 2008. Print.
Pollock, F., & Maitland, F.W. (2012). The history of English law before the time of Edward 1: Crimes and torts. Indianapolis, IN: Liberty Fund.
Sueur AL, Sunkin M and Murkens J, Public Law: Text, Cases, and Materials 2e (Oxford University Press 2013)
Introduction This submission will discuss the problems created by the Doctrine of Judicial Precedent and will attempt to find solutions to them. Whereas, English Law has formed over some 900 years it was not until the middle of the 19th Century that the modern Doctrine was ‘reaffirmed’. London Tramways Co. Ltd V London County Council (1898). Law is open to interpretation, all decisions made since the birth of the English Legal System, have had some form of impact whether it is beneficial or not The term ‘Judicial Precedent’ has at least two meanings, one of which is the process where Judges will follow the decisions of previously decided cases, the other is what is known as an ‘Original Precedent’ that is a case that creates and applies a new rule. Precedents are to be found in Law Reports and are divided up into ‘Binding’ and ‘Persuasive’.
On the surface, William Godwin's Caleb Williams (1794) is merely an entertaining murder mystery and detective story. The tale of an unfortunate servant who learns the truth of his master's past and flees for fear of his life, it has thrilled generations of readers. However, Godwin designed the work "to answer a purpose more general and important than immediately appears on the face of it."2 Written immediately after the publication of Godwin's first and most famous work, Enquiry Concerning Political Justice (1793), Caleb Williams serves as a vehicle for Godwin to introduce his philosophy to the general public. The issue he addresses in the novel is that of "things as they are... While one party pleads for reformation and change, the other extols in the warmest terms the existing constitution of society."3
The English legal system is ostensibly embedded on a foundation of a ‘high degree of certainty with adaptability’ based on a steady ‘mode’ of legal reasoning. This rests on four propositions
The rule of law, simply put, is a principle that no one is above the law. This means that there should be no leniency for a person because of peerage, sex, religion or financial standing. England and Wales do not have a written constitution therefore the Rule of Law, which along with the parliamentary Sovereignty was regarded by legal analyst A.C Dicey, as the pillars of the UK Constitution. The Rule of Law was said to be adopted as the “unwritten constitution of Great Britain”.
United Kingdom is a country with a distinctive set of legal system. It is fairly different from other countries having civil law based legal systems. The legal system in the United Kingdom consists of various sources of law, where other civil law based countries rely only on a written set of law. European influences on the English Legal System came much later in near decades. This essay will aim to examine the development of the English Legal System by reviewing applications of various sources of law in the English Legal System furthermore to discuss the recent European influences on the law of England.
Firstly in this report, I will be giving the different definitions of rule of law by different philosophers; secondly, I will be applying the rule of law to the English Legal system and thirdly I will be explaining separation of powers with a focus on the impartial judiciary. Finally, I will be using cases to support every detailed point given.
Lexical features of legal language refer to the characteristics of legal language on a word level, examining the levels of change that the legal vocabulary is going through.
Law is a tool in society as it helps to maintain social control, promoting social justice. The way law functions in society and its social institution provide a mechanism for solutions. There are many different theories of the function of law in relation to society in considering the insight they bring to different socio-legal and criminological problems. In the discussion of law’s role in social theory, Leon Petrażycki and Eugen Ehrlich share similar beliefs in the jurisprudence of society. They focused their work on the experience of individuals in establishing meaning in their legal relations with others based on the question of what it means to be a participant in law. Jürgen Habermas presents a relationship between law and morality. From a certain standpoint, law is a key steering mechanism in society as it plays an educational role in promoting conducts, a mean of communication and it
Martine, Elizabeth A., Jonathon, Law. (2006) Oxford Dictionary of Law, 6th Ed, Oxford University Press.