The English Legal System Assignment Sample

Introduction to the English Legal System Assignment

The English legal system is one of the oldest in the world. It has evolved over centuries and has been used in many countries around the world. The English legal system is based on three main sources of law: statutes, case law, and English law. Statutes are laws passed by the legislature. Case law is the body of law created by judges as they render decisions in court cases. English law is the body of law that has been developed over time by judges as they render decisions in court cases.

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The English legal system is based on the principle of stare decisis, which means that judges must follow the decisions of higher courts. This means that the decisions of higher courts become binding laws that all courts must follow. This is why the English legal system is known as a common law system, as it relies on the decisions of higher courts to determine how lower courts will rule in similar cases.

What is it?

English legal system is the body of law created by judges as they render decisions in court cases. Common law is based on the principle of precedent, which means that judges must follow the decisions of higher courts in similar cases. This means that the decisions of higher courts become binding laws that all courts must follow.

It's based on principles of equity and fairness. This means that judges must consider all relevant facts and circumstances when making decisions. Judges must also consider the legal principles and precedents set by higher courts in similar cases. This helps to ensure that justice is served and that similar cases will be treated the same way. It also allows for some flexibility and creativity on the part of the judge. Judges have the authority to make decisions based on their sense of equity and fairness, as long as they are consistent with the decisions of higher courts.

How are English common and civil law Different?

The main difference between English common law and civil law is that English common law is based on the decisions of higher courts and is focused on principles of equity and fairness, while civil law is based on a set of written codes and is focused on providing an orderly, predictable legal system. English law is also more flexible than civil law. In English law, judges have the authority to make decisions based on their sense of equity and fairness, as long as they are consistent with the decisions of higher courts. In civil law, judges must follow the written codes and cannot make decisions based on their sense of equity and fairness.

Differentiation between Public and Private law

Public and Private both laws are the branches of legal constraint to be followed by the citizens and the major distinction lies between these two laws is the specification of coverage. Public law considers the law of “constitutional law, administrative law, and, freedom of speech, religion, and criminal law”. On the other hand, the Private law considers the law of governing “contracts, property rights, tort law, family law, divorce, child custody, and adoption”. The primary concern of the Public Law is to protect “society rather than individuals or private interests” (Beale et al. 2019). Whereas, the primary concern of the Private Law is to secure the “private interests of the individuals in a community”.

History of English legal system

The English legal system has a long and rich history. It began in the 11th century when King William the Conqueror began to establish a uniform system of law throughout England.

This system of law was based on the decisions of higher courts and was focused on principles of equity and fairness. The law system evolved over the centuries as judges continued to render decisions in court cases. The decisions of higher courts were binding on all lower courts, which helped to ensure that justice was served and that similar cases were treated the same way. This principle of precedent is one of the hallmarks of the English common law system.

Traditional techniques of statutory interpretation

The major concern of Traditional techniques of statutory interpretation is to maintain the progress of society. It can be measured through four distinct techniques such as “literal rule, the golden rule, the mischief rule and the purposive approach” (Bently et al. 2022). The consistency of authorization and to limit the loopholes of amendments have been concerned through these statutory interpretations.

Utilization of Traditional techniques of statutory interpretation

The utilization of statutory interpretation is the maintenance of justice in parliamentary support as well as to consider the literal rule by the court (Börzel and Buzogány, 2019). Any decision regarding the mischievous must be conducted under the concern of statutory interpretation.

Intrinsic and Extrinsic aids

The provisions for the correct judgment need certain outsourcing, and, in this regard, when a judge considers the external support or interpretation from outside of the statute, it refers to extrinsic aids (Craig and De Búrca, 2020). These are the “parliamentary history of the legislation, historical facts and surrounding circumstances in which the statute came to be enacted, reference to other statutes, use of dictionaries, use of foreign decisions”. On the other hand, when the judge considers the internal support or interpretation from inside of the statute, it refers to intrinsic aids. The internal aid of intrinsic aid also conveys “any material which is published with an Act, but is not a substantive provision of the Act”.

What Type of Legal System is Used in the UK?

The legal system used in the UK is a combination of English common law and civil law. English common law is based on the decisions of higher courts and is focused on principles of equity and fairness. Civil law is based on a set of written codes and is focused on providing an orderly, predictable legal system.

The UK legal system is also influenced by European Union law. This means that the UK courts must follow the decisions of the European Court of Justice in cases involving EU law. This helps to ensure that the UK complies with its obligations under EU law and that the rights of EU citizens are protected.

Examples of the UK legal system

One of the most famous examples of the UK legal system is the Magna Carta. This document, which was signed by King John in 1215, established the principle that the king and the government should be held accountable to the law. The Magna Carta also established the right to a fair trial, the right to habeas corpus, and the right to private property.

Another example of the English legal system is the Bill of Rights. This document, which was passed in 1689, established the right to freedom of speech, the right to bear arms, and the right to a fair trial. It also established the separation of powers between the executive, legislative, and judicial branches of government.

Benefits of the English legal system

The English legal system has many benefits. One of the main benefits is that it is based on the decisions of higher courts and is focused on principles of equity and fairness. This means that justice is served and that similar cases will be treated the same way.

The English legal system also allows for some flexibility and creativity on the part of the judge. Judges have the authority to make decisions based on their sense of equity and fairness, as long as they are consistent with the decisions of higher courts. This helps to ensure that justice is served and that different judges can make different decisions in similar cases.

Another benefit of the English legal system is that it is based on the principle of precedent. This means that the decisions of higher courts become binding laws that all courts must follow. This helps to ensure that justice is served and that similar cases will be treated the same way.

The court hierarchy of Criminal Law

The court hierarchy refers to the concern of different opinion from “county court, high court, Magistrates court, and Crown court”. In criminal cases, the hierarchy for law is started from Magistrates’ court, then it proceeds towards Crown Court. It then goes to “the High Court”, and then finally reaches to “the UK Supreme Court” (De, 2020).

The court hierarchy of Civil Law

The civil cases start from the “County Court”. Next it goes to be appealed in the “High Court”, and finally it goes to the “Court of Appeal” (Eskander and Fankhauser, 2020). The divicional context of courts are further differentiated based on the intensity of the case.

Challenges of the English legal system

The English legal system has some challenges. One of the main challenges is that it is a slow-moving system. This is because judges must consider all relevant facts and circumstances when making decisions and must also consider the legal principles and precedents set by higher courts in similar cases. This can make the process of rendering a decision in a court case very slow and tedious.

Another challenge is that the English legal system is based on the decisions of higher courts. This means that judges must follow the decisions of higher courts, even if they disagree with them. This can make it difficult for judges to make decisions based on their sense of equity and fairness.

Finally, the English law system is based on the principle of stare decisis, which means that the decisions of higher courts become binding laws that all courts must follow. This can make it difficult for courts to make decisions in cases that are not covered by existing precedents.

How English Legal System Influences the Rest of the World

The English law system has had a huge influence on the rest of the world. It was the basis for the legal systems of many countries, including the United States, Canada, India, and Australia.

The English legal law system has also been influential in the development of international law. The principles of equity and fairness established by the English common law system have been adopted by many countries and international organizations. This has helped to ensure that justice is served and that similar cases will be treated the same way.

The English law system has also been influential in the development of the European Union. Many of the laws and regulations of the European Union are based on the principles of equity and fairness established by the English law system.

The process of appeals

The process of appeal is different for Magistrates, Crown and county courts. It has been considered that the “right to appeal” must be matched with the jurisdiction and the higher court must approve “Upper Tribunal or Employment Appeal Tribunal” (Hofmann, 2019). The decision of magistrates must be considered while appealing in strong advising manner regarding the cost and merit. Whereas, in Crown and county courts the necessity of seeking permission has been emphasized to be primary concern. The rest part is controlled through the “Court of Appeal Criminal Division” after the completion of appeal. Apart from these, legal assistance is provided from the end of “Citizen’s Advice Bureau”.

The rules of “stare decisis”, “ratio decidendi” and “obiter dicta”

The rule of “stare decisis” is to “to stand by decided matters” and it do not create disturbances for settling matters. As cited by Beale et al. (2019), the decision of court regarding “stare decisis” is inflexible and not imperative. The rule of “ratio decidendi” it to provide correct and legal reasoning for operating the judgment system as per the dependency on the case (Bently et al. 2022). The law of the same is to govern the facts associated with the case. The rule of “obiter dicta” is to express the decisions or opinion based on the necessary points of the case. The associated rule with this concern is to consider hypothetical facts to govern the response of precedents (Hofmann, 2019).

Differentiation between ‘distinguishing’, ‘reversing’, ‘binding’ and ‘overruling’

The differentiation among ‘distinguishing’, ‘reversing’, ‘binding’ and ‘overruling’ is the determination of decision-making approach in the jurisdiction from the end of the courts. In this regard, distinguishing is opposite of binding and reversing is antonymous than that of overruling. As opined by Craig and Búrca (2020), distinguishing indicates the maintenance of difference of evidences whereas binding refers to managing a hierarchical approach altogether. On the other hand, overruling is superior to reversing as the former considers exercising different decisions and the latter considers adjudicated decisions which sometimes are considered to be improper as per the cases (Eskander and Fankhauser, 2020).

Bindings of Court regarding Young vs Bristol Aeroplane Co Ltd (1944) 2 All ER 293

The bindings of the court lies upon the decision-making to select one between Young and Bristol Aeroplane Co Ltd (1944). The following decisions among the conflicts have to be inclined towards refusing one and considering the other. In this regard, the rejection of one must be conducted as per the decision of “House of Lords”. The decision of court must follow the concern of “per incuriam” for ruling effectively while providing attention to the early courts. Apart from that, the guidance of “Human Rights Act 1998” and the decisions of “interlocutory appeals” have been justified in the bindings of Court regarding Young vs Bristol Aeroplane Co Ltd (1944) 2 All ER 293.

The impact of “res judicata”

The term “res judicata” refers to "a matter judged" which prevents a party from “re-litigating any claim or defence (or issue) already litigated” (Bently et al. 2022). It ensures the final judgemental concern and litigates the claiming concern for protecting the legal rights. It also functions as “Preventing measures for subsequent litigations”.

Conclusion

The English legal system is one of the oldest in the world. It has evolved over centuries and has been used in many countries around the world. In this article, I explored the English legal system definition and how it differs from civil law, provided a brief history of the English legal system, explained what type of legal system is used in the UK, and discussed the benefits and challenges of English legal law. I also provided examples and discussed how it influences the rest of the world.

The English law system is based on the principles of equity and fairness and allows for some flexibility and creativity on the part of the judge. It is based on the decisions of superior courts and is still widely used today. The principles of equity and fairness established by the English law system have been adopted by many countries and international organizations and have been influential in the development of the legal systems of other countries.

Overall, the English legal system is an important part of the global legal system and is still influential today.

References

Beale, H., Fauvarque-Cosson, B., Rutgers, J. and Vogenauer, S., 2019. Cases, materials and text on contract law. Bloomsbury Publishing. Available at: https://sisis.rz.htw-berlin.de/inh2010/12389658.pdf (Accessed on: 05.03.23)

Bently, L., Sherman, B., Gangjee, D. and Johnson, P., 2022. Intellectual property law. Oxford University Press. Available at: https://www.academia.edu/download/55913341/2017.BAR-REVIEW.LECTURE.7.9.2017_1_1.pdf (Accessed on: 05.03.23)

Börzel, T.A. and Buzogány, A., 2019. Compliance with EU environmental law. The iceberg is melting. Environmental Politics, 28(2), pp.315-341. Available at: https://rsa.tandfonline.com/doi/pdf/10.1080/09644016.2019.1549772 (Accessed on: 05.03.23)

Craig, P. and De Búrca, G., 2020. EU Law: Text, Cases, and Materials UK Version. Oxford University Press, USA. Available at: https://toc.library.ethz.ch/objects/pdf03/z01_978-0-19-871492-7_01.pdf (Accessed on: 05.03.23)

De Sadeleer, N., 2020. Environmental principles: from political slogans to legal rules. Oxford University Press. Available at: https://files8.webydo.com/9583321/UploadedFiles/B7E72FCA-7203-FA96-337F-AD9BE1ABA995.pdf (Accessed on: 05.03.23)

Eskander, S.M. and Fankhauser, S., 2020. Reduction in greenhouse gas emissions from national climate legislation. Nature Climate Change, 10(8), pp.750-756. Available at: https://eprints.lse.ac.uk/105757/1/Eskander_Fankhauser_NCC_Author_Accepted_Manuscript.pdf (Accessed on: 05.03.23)

Hofmann, A., 2019. Left to interest groups? On the prospects for enforcing environmental law in the European Union. Environmental Politics, 28(2), pp.342-364. Available at: https://www.tandfonline.com/doi/pdf/10.1080/09644016.2019.1549778 (Accessed on: 05.03.23)