English Legal System Notes

ENGLISH LEGAL SYSTEM INTRODUCTION

Legal Terminology

  • Case Laws

  • Civil Law Case Names:

    • Brown v Smith

    • Claimant: The person claiming or suing

    • Defendant: The person being sued

  • In Appeal Cases:

    • Appellant: The party appealing the decision

    • Respondent: The party responding to the appeal

  • Criminal Law Case Names:

    • R v Baker

    • The State vs Defendant

    • R v B: Special cases involving minors

The Constitution

What is a Constitution?

  • A set of rules outlining a country’s governance

  • Who makes laws and how

  • Who has governing power

  • Limits on that power

  • Procedures for transferring power

  • Allocation of power among the three main institutions:

    • Government

    • Parliament

    • Judiciary

Features of the British Constitution

  • No Written Constitution:

  • The UK does not have a codified constitution. Values are understood through other means:

    • Acts of Parliament

    • Judicial Decisions

    • Conventions

Key Elements

  • Acts of Parliament:

  • Laws passed by Parliament

  • Judicial Decisions:

  • Decisions made by judges that contribute to common law

  • Convention:

  • Long-standing traditions followed out of practice rather than legal requirements

Basic Principles Underlying the British Constitution

  1. Separation of Powers:

  • Legislative, Executive, and Judiciary functions should be distinct to prevent absolute control.

  • Influenced by Montesquieu’s philosophy from 1989.

  1. Supremacy of Parliament:

  • Parliament is the highest source of law.

  • Any law passed according to parliamentary procedures must be applied by courts.

  • Characteristics include:

    • Ability to legislate on any subject

    • Freedom for each parliament to create/change laws

    • No other body can override Parliament

  • In countries with a written constitution, laws can be struck down if they contravene it, unlike in the UK where parliament holds supremacy.

  1. Rule of Law:

  • Stipulates that the law applies equally to everyone

  • No punishment without a prior law breach

  • Critically analyzed via A.V. Dicey’s three elements:

    • Punishment only for breaches

    • One law governing all

    • Supreme authority of ordinary laws

Law in Practice

Creation of UK Laws

  • Laws are formed from various sources including:

  • Acts of Parliament

  • Case Law

  • Delegated Legislation

  • Equity

  • European Law

  • Statutory Interpretation

  • Treaties

Differences between Civil Law and Criminal Law

  • Objectives:

  • Civil Law: Protects individual rights

  • Criminal Law: Maintains law and order for society

  • Prosecutors and Claimants:

  • Criminal cases involve prosecutors, representing the state; while civil cases are brought by claimants whose rights are infringed upon.

  • Standard of Proof:

  • Civil Law: Balance of probabilities

  • Criminal Law: Beyond reasonable doubt

  • Court Types:

  • Criminal Matters: Magistrate’s Court/Crown Court

  • Civil Matters: County Court/High Court

  • Court Powers:

  • Criminal Courts impose sentences/discharge defendants

  • Civil Courts award damages/equitable remedies

Relationship between Law and Morality

  • Both law and morals shape acceptable conduct.

  • Moral rules lack formal sanctions but exert societal pressure.

  • Social moral values evolve over time, thereby influencing laws.

  • Examples of morally driven law areas include:

  • Criminal Law

  • Tort Law

  • Contract Law

Case Study: Gillick v West Norfolk and Wisbech Area Health Authority (1985)

  • Facts:

  • Concern over guidelines allowing doctors to offer contraceptive advice to girls under 16.

  • Holding:

  • Guidelines were lawful as they served medical interests and prevented unwanted pregnancies.

Relationship between Law and Justice

  • Justice serves as the fundamental aim of the legal system, reflecting parliamentary supremacy where Parliament can create or unmake any laws.

  • Judges generally apply laws as they are, leading to equality in judgment known as the “fixed rule.”

Downsides of the Fixed Rule

  • The fixed rule can hinder justice in unique circumstances by failing to account for nuanced individual cases.

  • To address this, equity was developed to provide justice when ordinary law falls short.

This comprehensive overview encapsulates the essential components of the English legal system and will be useful as you prepare for your exam.