Introduction to Legal Principles and Systems
Introduction to Legal Principles and Systems
(A)What are the sources of English law? Discuss the relationship between legislation and judicial precedent.
(B)Using appropriate cases, explain three judicial rule of statutory interpretation.
Introduction
The English law system is one of the major European legal systems which strictly formulated by different procedures. At present, it has spread and implement in many other countries such as Canada, Australia, and New Zealand. This essay would discuss the three main sources of law, which are Acts of parliament, judiciary precedent and statutory interpretation and also evaluate the relationship between legislation and judicial precedent. Furthermore, the rules of interpretation that contain Literal Rule, Golden Rule and Mischief would be explained in the second part of this essay by several appropriate cases.
Sources of English Law
The source of law is means by which the law comes into existence and things with regard to law. Generally, the sources of law contain Acts of Parliament, judicial precedent, statutory interpretation, delegated legislation and European law. This essay would focus on discussing the acts of parliament, judicial precedent and statutory interpretation.
Acts of Parliament
Acts of Parliament which also known as statutes, are the most importance source of law due to the principle of parliamentary sovereignty (Elliott, 2010). According to Salter(Salter. J,1996), Statues are the fact law made by parliament, or it parliament wants to alter the existing law. As to establish an effective law, there are multiple procedures in the parliament. Firstly, there is pre- parliamentary process, usually the government department projected legislation and decide to issuing Green papers. Then following is the white papers which are firm proposal for a new law, thus going to the drafting process called bill. Furthermore, bill may be started in either House of Common or House of Lords, also go
(A)What are the sources of English law? Discuss the relationship between legislation and judicial precedent.
(B)Using appropriate cases, explain three judicial rule of statutory interpretation.
Introduction
The English law system is one of the major European legal systems which strictly formulated by different procedures. At present, it has spread and implement in many other countries such as Canada, Australia, and New Zealand. This essay would discuss the three main sources of law, which are Acts of parliament, judiciary precedent and statutory interpretation and also evaluate the relationship between legislation and judicial precedent. Furthermore, the rules of interpretation that contain Literal Rule, Golden Rule and Mischief would be explained in the second part of this essay by several appropriate cases.
Sources of English Law
The source of law is means by which the law comes into existence and things with regard to law. Generally, the sources of law contain Acts of Parliament, judicial precedent, statutory interpretation, delegated legislation and European law. This essay would focus on discussing the acts of parliament, judicial precedent and statutory interpretation.
Acts of Parliament
Acts of Parliament which also known as statutes, are the most importance source of law due to the principle of parliamentary sovereignty (Elliott, 2010). According to Salter(Salter. J,1996), Statues are the fact law made by parliament, or it parliament wants to alter the existing law. As to establish an effective law, there are multiple procedures in the parliament. Firstly, there is pre- parliamentary process, usually the government department projected legislation and decide to issuing Green papers. Then following is the white papers which are firm proposal for a new law, thus going to the drafting process called bill. Furthermore, bill may be started in either House of Common or House of Lords, also go
References: Bell. J (1995), Cross Statutory interpretation (2nd ). London : Butterworths. Chadwick. A (2006), A Guide To The English Legal System. Brighton : Emerald Publishing Elliott. C & Quinn. F (2010), English Legal System (11th ). London : Pearson Education Limited Gillespie. A (2009), The English Legal System (2nd). New York : Oxford University Press. Kemp. J (2008), English Legal System The Fundamentals. Gloucester : Thomson Reuters Limited. Martin. J (2010), Key Facts The English Legal System (4th). London : Hodder Education Salter. J & Gifford. DJ (1996), How to Understand an Act of Parliament . London : Cavendish Publishing Limited. Silver. K (2004), 150 leading cases of English Legal System (3rd) . London : Old Bailey Press. Vollans. T & Asquith. G (2011), English Legal System (2nd). Oxford : Oxford University Press.