Sources of the Law in England and Wales - Coursework Example

SOURCES OF THE LAW IN ENGLAND AND WALES By The United Kingdom comprises three administrations, ly England and Wales, Northern Ireland and finally Scotland. Wales is domination within the United Kingdom unlike its neighbours Scotland and Northern Ireland. English law is the commission of England and Wales. King Henry VIII abated the accustomed laws of Wales within his kingdom, bringing Wales into legal allegiance with England. The confinement is commonly termed as English and Wales (Adams 2008). Legal systems rendered through civil and criminal laws are same throughout England and Wales. Common law and statute law are the internal sources of England and Wales law. European Union Law and European convention on human rights are the external sources of English and Wales law. Since 1189, common law as opposed to civil law has been used to describe the law of England. Common law consists of cases adjudged by judges by using their awareness of law. It also involves the use of stare decisis, which is based on hierarchy of courts (Adams 2008). This allows superior courts to veto precedents. For instance, the House of Lords bound the court of appeal. A decision made by the Supreme Court of the UK is mandatory on all other courts. In cases where decisions of lower courts conflict those of higher courts, the decision would be considered Per incurim Rule. Unlike other sources in which the laws do not become essential, in civil law, the law itself is involved in cases. Common law allows for benefit of doubt, which other sources of English law do not (Shafiq, 2012). Despite common law being unreliable, it has several advantages over other sources. For instance, it is more pliable and malleable because it relates with real life situations. It is also extended since it has been built over time. In the early times of English common law, judges were accountable for affiliating the system of writs to carter for the needs of every civilian. They administered common sense to come up with reasonable laws. A good example is the law merchant, which was derived from pie powder courts. As the parliament of England became more substantial, however, legislation took over judicial law--making so that presently, judges can only inaugurate under few circumstances. The only deprivation of common law is that most of the judges used emotions and selfish decisions rather than rational ones. The use of stare decisis helped assimilate the operation. Ratio decidendi pickled similar cases with similar decisions, hence making the procedure more trustworthy. The Magna Charta was formed as a concert between the church, the pinnacle and the nobleman (English Law). English statute law is law that is written and later made law. Statutes are elementarily bills, which include private and public bills. Public bills are those that inspire the United Kingdom and its constituents; Northern Ireland, Wales and Scotland. Private bills only assign to particular areas within the UK. Acts of parliament allow ministers make extra rules without having to abrogate full acts of parliament (Hayes, 2011). These are known as statutory machinery and are crucial in statutory legal setting. The versatile nature of case law enables judges to comprehend the ever - changing statute law. A bill is perused and redefined before the final abstract is created. It is then undergoes a first and second reading, and then a debate. If the House of Lords considers it at the report stage, it goes through the third reading for further changes by either the House of Lords or the House of Commons. Once the whole procedure is done, the proposed bill receives royal dissent and is made bill (Hayes, 2011). Presently, however, the royal consent is not as important in the law making process. Constitutional law was used long before the American Revolution. It included the strategizing of monarchical superiority, the creation of parliament to limit complete power, and the war of hegemony between the parliament and the monarchy. Law consisted of decentralized laws, norms and rules. Guilt and innocence were affirmed through compurgation and inhumane acts (English Law). European Union law majorly reposes primary and secondary legislation. Primary legislation consists of sanctions, international accords and general values made by the court of justice of the European Union. In secondary legislation abides all acts, which allow the union to make use of its powers. It also embodies the powers of bodies made by European institutions. Since the entry of the Treaty of Lisbon, many European policies follow the Community method save for the Common foreign and the security policy (CFSP). Only enacts listed in article 88 of the Treaty on the Functioning of the EU (TFEU) allow the institutions to pick the act to be implemented (European Union (EU) hierarchy of norms). The treaty of Lisbon also brought a number of norms within the secondary legislation. It includes legislative acts, delegated acts and implemented acts. The legislative acts article 289 TFEU are carried out by either ordinary or special legislative proceedings. Delegate acts of Article 290 TFEU are non-legislative acts of self-explanatory application, which interfere with some bits of the legislative acts. They only apply to individuals who make laws that go hand in hand with those that are inter vires. Delegated legislation is susceptible to the test of impracticality and ultea virus (European Union (EU) hierarchy of norms). The advantage of using delegated legislation is that elites can use the procedure for prompt acting. The disadvantage is that delegated legislation has more influence from bureaucrats. The privilege to use this act only applies to the commission by the European parliament or Council. The commission mainly uses executed acts of Article 291 TFEU. European Union law encompasses all the rules of European Union order, including overall principles of law and the case law of the court of justice. It also comprises laws from European Union outside relations and other laws mentioned in conventions (European Union (EU) hierarchy of norms). The European council drafted European Convention on Human Rights. The convention aimed at achieving greater internationals in recognising gender equality. It also aimed at enforcing civil freedom. It includes the English Bill of Rights, which lists all amendments supporting the rights and freedoms of individuals. The international court of human rights, based in Strougburg, is the body that puts these laws in practical use. It is the physical location where all rulings concerning violations of civil and political rights are made (Gani, 2014). Decisions made from common law and statute law are both irrational since judges using common law are often selfish and inconsiderate. Statutory law only benefits few intellectual individuals in society. In statute law, for example, people with disability can be given special treatments and politicians are immune by the state. In some instances, they are given special pensions. In earlier English law, both statutory and common law used barbaric ways to show guilt and innocence (Hayes, 2011). The coming of the European convention of Human rights helped minimize the extent to which individuals could be punished. Overall, all sources of English law are still in use as they all sum up towards effecting the circuit of England and Wales. The external sources of English law including the European Union law and European Convention of Human Rights are more valid in the jurisdiction of English and Wales. The internal sources of English law interjecting Common law and Statute law are a bit more outdated but are still used in certain court decisions. In fact, many jurisdictions have borrowed these sources. For instance, England lent English Common law and English Statute law to major parts of the British Empire. Even after independence, most elements of this system have remained. English law before the American Revolutionary wars still has an impact on the United States laws (Adams 2008). In international law, international expectations have to be translated into English laws before courts can apply Supranatural laws. For instance, in 1950, nations signed to European Convention on Human Rights and Fundamental Freedoms. The treaty gave individuals the privilege of being powerful enough to personally challenge the European Commission on Human Rights. English criminal law also borrowed its notions of actus reus and mens rea from English common law (Adams 2008). The European Union law binds all European states including England and Wales. All 15-member states signed to the Maastricht Treaty in 1992 are considered federal states. This is because this union is not an ordinary international status quo. It represents most laws covering agriculture, transport and workers rights (European Union law, 1998). The Rome statute, a treaty under the European Union, for instance, sees to it that all member states including England and Wales change their laws within a particular time. This is supposed to effect the treatys beliefs. The English law therefore uses its Delegative and Statutory laws to affect these values. The European Convention on Human Rights requires that all English laws be translated in a manner that is in harmony with the Human Convention on Human Rights (HRA). This law limits the power of the English law since it only maintains the canon of Parliamentary control. The English law has to go alongside the eligibility of the HRA. Barbaric Common or Statute laws, which entrench human rights are done away with. HRA court has the jurisdiction to nullify merciless legislation (How the Human Rights Act works). Reference List Adams, A. (2008). Law for business students. Harlow, England, Pearson Longman. Anon., 1998. European Union law. [Online] Available at: http://www.leeds.ac.uk/law/hamlyn/european.htm [Accessed 30 October 2014]. Anon., n.d. English Law. [Online] Available at: http://legal-dictionary.thefreedictionary.com/Jurisdiction+of+England+and+Wales [Accessed 30 October 2014]. Anon., n.d. European Union (EU) hierarchy of norms. [Online] Available at: http://europa.eu/legislation_summaries/glossary/norms_hierarchy_en.htm [Accessed 30 October 2014]. Anon., n.d. How the Human Rights Act works. [Online] Available at: https://www.liberty-human-rights.org.uk/human-rights/what-are-human-rights/human-rights-act/how-human-rights-act-works [Accessed 30 October 2014]. Gani, A., 2014. What is the European convention on human rights?. [Online] Available at: http://www.theguardian.com/law/2014/oct/03/what-is-european-convention-on-human-rights-echr [Accessed 30 October 2014]. Hayes, R., 2011. Common Law vs Statutes – Living by the Rule of Law. [Online] Available at: http://thesecretpeople.wordpress.com/2011/03/01/common-law-vs-statutes-living-by-the-rule-of-law/ [Accessed 30 October 2014]. Shafiq, M., 2012. Source of English Law. [Online] Available at: http://mohammadshafiq.com/source-of-englis-law.html [Accessed 30 October 2014]. Read More