There are four main sources of law in England, legislation or Statute Law, common law, European Union law and the European Convention on Human Rights the United Kingdom of Great Britain and Northern Ireland (UK) consists of four countries: England, Wales, Scotland and Northern Ireland. Some law applies throughout the whole of the UK this essay will discuss the operation of Precedent, the role played by the Court hierarchical and law reporting
Question 1 the different sources of law in England
There are four main sources of law in England, legislation or Statute Law, common law, European Union
Law and the European Convention on Human Rights the United Kingdom of Great Britain and Northern Ireland (UK) consists of four countries: England, Wales, Scotland and Northern Ireland. Some law applies throughout the whole of the UK; some applies in only one, two or three countries There is no single series of documents that contains the whole of the law of the UK.
Legislation or statute Law is created through the House of Commons, or the House of Lords. And consists of 650 Members of Parliament (MPs) formally appointed by the Queen on the recommendation of the Prime Minister. The other members of the House of Lords are people who have inherited aristocratic titles such as “Lord” or “Lady”, Each MP represents a constituency, electors vote using a “first-past-the-post” system. Each elector has one vote, and the candidate with the highest number of votes is elected as MP for that constituency. Laws are created through Parliament known as Acts of Parliament and formed through Law Commissions, Private Members Bills, Party manifestos, Royal Commissions, or through National emergency, crisis or new developments.
Common Law, also known as precedent, Law that is created by Judges and Courts and is also known as (Case-Law). The system was originally developed some time after the Norman Conquest in 1066. It is a common system of law that is recognised and used by Courts throughout the United Kingdom, rather than different systems and rules being used in different regions. Precedent forms the basis of Common law, and is used by Judges to help them make decisions on cases, by referring to decisions made in earlier cases judges or courts do this by checking law reports.
The European Convention on Human Rights or (ECHR) is an instrument that was created after the Second World War by the Council of Europe to rebuild a divided Europe and to help unite its members. The Convention came into force on the 3rd September 1953. And its aims are to protect the rights and freedoms of individuals within member states of the ECHR. Member states of the ECHR are European Countries that have signed and joined the ECHR and agree by the rules of law within the ECHR. If an individual felt that the state where they lived was in violation of the convention of human rights they could take the matter to court. Citizens and member states can enforce their rights through the European Court of Human Rights; the European Court of Human Rights was created by the ECHR. Some good examples from the Convention are the right to life, the right to be free from torture and from inhuman and degrading treatment and right to a fair trial. Individuals can now bring cases concerning European Human Rights to courts in England as the Human Rights Act 1998 gives UK court’s jurisdiction to hear these cases.
European Union or the (EU) was also created after the Second World War and the main goals were to help rebuild European economy, social progress and unite Europe in freedom security and in justice. When a European Country joins the EU, that country agrees to abide by the laws set out by the EU.
Laws that are made by the EU have supremacy over Law set out by a member State including England. The main law making institutions in the EU are: the European Commission, the Council of the European Union, the European Parliament,...
Please join StudyMode to read the full document