English Legal System

Parliamentary Sovereignty : Refers to the

legislative Supremacy of the UK Parlia

The Separation of Powers

Refers to the idea that there is some
degree of independence in the
exercise of different functions of
government.
Legislative(UK Parliament)
Executive(UK Prime Minister and his
Cabinet)
Judicial( Courts, Tribunal , Crown
Prosecution Services )

The Rule Of Law : The Rule of Law Resolution 2005 states that
the Rule of law is the foundation of civilised society it
establishes a transparent process accessible and equal to all.
The Rule of Law concerns the nature of the legal relationships
between the individuals and between individuals and the state.
The Principles of the Rule of Law in the UK:
1.- Law should not be arbitrarily or capriciously administered
for those in power
2.- All people are equal before the Law
3.- Should be a system to apply and interpret the Law fairly
and for all citizens

Process to make Law in the UK :

The UK Parliament is the principal source of UK Law
enacting any law with out restriction Parliament
Sovereignty

These are the stages

6 Part Process
House of Commons
House of Lords

The First Reading

Formally introduce the bill to
the parliament

Second Reading
Minister explain Bill , questions from
MP (debate)approval to next stage
formal vote if is necesary

Committee Stage
Standing committee
examines the bill,
amendments considered and
then approve by both parties

Report Stage

Results of the
Committee stage
reported back to the
House

Third Reading
Final debate, approved and past to
the next house to repeat the steps of
the process.

Royal Assent
Once bill passes to both Houses, the
bill becomes an act, by Queen giving
her assented.

Other Law Make Process

Delegated Legislation, is a form of
legislation for the making of law,
which parliament has delegated
power to person or body of
government entities. The Authority
to make this Laws is lay down in
primary legislation know as enabling
act.

Case Law
Young
V
Bristol Aeroplane Company Limited
Legal citation
Young v Bristol Aeroplane Company Limited, [1944] 1 KB 718 Court of Appeal

Court of Appeal
The Court is bound to follow its own
decisions and those of courts of coordinate jurisdiction, and the full
court is in the same position in this
respect as a division of the consisting
of three members.
The only exception to this rule are ,
as follow

The Court is entitled

Bound to decide
Conflicting decisions of its own
Bound to refuse to follow a decision of its own
which , though not expressly overruled
Stands with a decision with the House of Lords
Following a decision of its own if it is satisfied
that the decision was given per incuriam, eg
Where a statute or a rule having a statutory
effect which would have affected a decision
was not brought to attention of the court.

European Union Law

The EU was founded in 1957 and currently
has 27 Members States, which Bulgaria and
Romania Joinin on 1 st January 2007
In 1973 Uk joined the EU, since then the UK
parliament has bound itself to incorporate
EU into national law. While the UK remains
a member of EU, EU law takes precedence
over national law.
This means that the Uk least, it has limited
its sovereignty

The main institution which exercise

the Functions of the EU are:

The
The
The
The
The

Council of Ministers
Commission of EU
European parliament
court of justice
European Central Bank

Civil Law
Civil law originated in Europe and came
down to us via the Romans and is also
known as civillian law of Roman law.
Civil law differs from common law in that it
has been codified and thus is easily
referable, and is the primary source of UK
Law.
Common Law on the other hand is Decision
based and mainly developed by judges.
This is know as Judicial Precedent

Continue Civil Law

Civil law is based on Codification Articles or
the Law Code.
Decisions are based on what is called the
balance if probabilities
Civil cases are heard in County courts and
the High court.
Further note Civil law is hybrid and draws
on a variety of sources ie Roman,
Napoleonic, Feudual, Germanic and local
traditions.

Criminal law
Is a body of Statutes that defines and regulates
social conduct and proscribes what is
threatening or harmful to a persons health,
property, moral,welfare and safety
Criminal behavior is encompasses everything
from small misdemeanours to major crimes like
Murder.
Criminal cases are heard in Magistrate and or
crown court. Decisions are based on the
burden of proof and must be proved beyond
reasonable doubt.

Public Law
Public law affects a wide range of people
organisations and areas, it is said the relationships
between the governments and individuals.
Its is comprise of Criminal law, Tax law,
Constitutional and Administrative law.
Public law also govern and regulate the exercise of
power by public bodies, eg Nhs, Local Authorities,
etc
The decision make by public body can be challenge
by various procedures such as Judicial Review,
complaints procedures and ombudsman schemes.

Private Law
Private Law is part of civil law and
governs the relationship between
individuals utilising the law of
obligations and the law of contracts
or Torts to reach decisions.