Main Sources of Law in England and Wales - Case Study Example

Principle of Law Professor (Tutor) The Name of the School (University) The City and State Date Principle of Law The UK is made up of mainly England and Wales. Both England and Wales have different contents in terms of their laws, professions, and institutions (Adams 2014, p. 77). Nonetheless, the main sources of law are the same in all jurisdictions. Laws in the UK or England and Wales come from three main sources including case law, legislation, and European law. Moreover, the country also relies on the European Union law and the European Convention on Human Rights. The main reason behind the numerous sources of laws is the fact that the UK is made up of different countries such as Wales and England. Nonetheless, England and Wales share the same legal system that includes laws passes by the parliament. The following paper aims at discussing the main sources of law in England and Wales. England and Wales are administratively identified as one jurisdiction meaning that the same laws are used in courts throughout. The first source of law comes from parliamentary procedures through legislative powers of the government. Many governments such as the UK have three arms of the government including legislation, judiciary, and the executive. England and Wales are also governed by the same structure that allows the UK parliament to make, pass, and amend laws in England and Wales. According to Adams (2014, p. 57) in history, common law was founded on English law. However, legislation is the most significant source of law where laws are well developed, and passed through a specific procedure and later becomes the binding laws on the citizens of the UK. The UK parliament develops the English legislation, which is based on the Act of Parliament. The Act of Parliament is based on the doctrine of parliament’s sovereignty. Acts of parliament also comprise of statutes developed through the parliamentary process. These statutes are what courts recognize and apply them literally based on the natural and original meaning of words. This means that courts or judges ensure the interpretation parliamentary statues even if their outcomes are unfair. Moreover, as a sovereign institution, the UK parliament can pass any law on any subject to the laws or rules of statutory interpretation. Another feature of the legislation source of law is delegated legislation. Delegated legislation is considered a subordinate law source because is develops its authority through the main Act of parliament. Such legislation is offered to institutions or persons to develop certain rules and regulations that must imitate limits or extents described in the main Act of Parliament or meet the requirements of the powers. Parliamentary Acts in England and Wale are subjected to statutory interpretation in terms of operating away from then delegated powers. Delegated legislation takes the form of numerous types. The orders in Council describe the body or process of making laws or rules during times of emergency. Ministerial regulations or the statutory instruments are powers developed from the parliament acts for ministers to include details of laws where an act has developed the main terms or general terms. Lastly, by laws also take the form of delegated legislation where laws are passed by local authorities. The ability to develop general terms and allowing professionals to fill in the details is a significant advantage in the legal system. Nonetheless, delegated legislations receive increased influence from bureaucrat groups or bodies as well as unelected groups or institutions. The second principle or source of law in England and Wales is the Common Law. According to Vanhala (2012, p. 56) common law is founded on cases or legal suits decided or preceded by judges. In simple terms, judges in Wales and England use their common sense and experience or knowledge of legal matters or what is known as stare decisis to the matters of facts presented in the court (Michelle 2014). Common law also follows the codified system, which is also applicable elsewhere in the Europe. According to Slapper & Kelly (2013, p.233) common law also follows civil jurisdiction that allows cases to demonstrate but not make such cases binding. The common law is rather complex and uncertain in terms of interpretation. Nonetheless, the idea of using real life situations to interpret certain laws allows for increased advantages rather than using laws in every real life situation. This means that once a court has made a law in its proceeding, the other laws are required to start using the same law in solving legal matters. Nonetheless, the Supreme Court holds these abilities of binding lower or subordinate courts to its laws. Common law is also based on numerous jurisdictions such as civil and political issues. The European Union is also another source of law for England and Wales. These are laws that cover numerous areas such as treaties, regulations, and decisions. The European Union law also influence much of the law developed in Wales and England. Laws developed under the EU mean that each member state is legally bound. Judges and courts in Wales and England also recognize and interpret EU laws based on the legal matters presented. Moreover, the important part of the EU law is the European Court of justice (Ward, et al. 2011, p. 123). The EU court of justice has the authority and mandate to also hear or preside over cases coming from Wales and England. The legal basis and supremacy is derived from the development of Europe over the centuries. This has allowed increased development of mutual laws and regulations that are as important as other individual laws for each European country. Moreover, as a signatory of the European Convention on Human Rights, England and Wales allows for courts and judges to protect or interpret the law as described in the Human Rights act (Holland & Boon Foo 2003, p. 56). This means that the law and be interpreted according to the describe human rights protections. This illustrates the complex nature and relationship shared by each of these law sources and principles (Ward, et al. 2011, p. 123).. Nonetheless, the idea of Wales and England presents a rather complex, but well-founded legal system. As identified, Wales and England rely on four main sources of laws including common law, legislation, EU laws, and the European Human Rights Convention. All four principles form the basis of the UK legal systems with each having it unique and specific features as well principles. England and Wales are administratively identified as one jurisdiction meaning that the same laws are used in courts throughout. The first source of law comes from parliamentary procedures through legislative powers of the government. Many governments such as the UK have three arms of the government including legislation, judiciary, and the executive. England and Wales are also governed by the same structure that allows the UK parliament to make, pass, and amend laws in England and Wales. According to Adams (2014, p. 57) in history, common law was founded on English law. However, legislation is the most significant source of law where laws are well developed, and passed through a specific procedure and later becomes the binding laws on the citizens of the UK. The UK parliament develops the English legislation, which is based on the Act of Parliament (Holland & Boon Foo 2003, p. 56). The Act of Parliament is based on the doctrine of parliament’s sovereignty. Acts of parliament also comprise of statutes developed through the parliamentary process. These statutes are what courts recognize and apply them literally based on the natural and original meaning of words. This means that courts or judges ensure the interpretation parliamentary statues even if their outcomes are unfair. Moreover, as a sovereign institution, the UK parliament can pass any law on any subject to the laws or rules of statutory interpretation. Another feature of the legislation source of law is delegated legislation. Delegated legislation is considered a subordinate law source because is develops its authority through the main Act of parliament. Such legislation is offered to institutions or persons to develop certain rules and regulations that must imitate limits or extents described in the main Act of Parliament or meet the requirements of the powers. Parliamentary Acts in England and Wale are subjected to statutory interpretation in terms of operating away from then delegated powers. Delegated legislation takes the form of numerous types. The orders in Council describe the body or process of making laws or rules during times of emergency. Ministerial regulations or the statutory instruments are powers developed from the parliament acts for ministers to include details of laws where an act has developed the main terms or general terms. Lastly, by laws also take the form of delegated legislation where laws are passed by local authorities. In conclusion, the UK is made up of mainly England and Wales. Both England and Wales have different contents in terms of their laws, professions, and institutions. Nonetheless, the main sources of law are the same in all jurisdictions. Laws in the UK or England and Wales come from three main sources including case law, legislation, and European law. Moreover, the country also relies on the European Union law and the European Convention on Human Rights. The ability to develop general terms and allowing professionals to fill in the details is a significant advantage in the legal system. Nonetheless, delegated legislations receive increased influence from bureaucrat groups or bodies as well as unelected groups or institutions. References Adams, A. 2014, Law for Business Students, UK, Pearson. Holland, L., & Boon Foo, Y. 2003, Differences in environmental reporting practices in the UK and the US: the legal and regulatory context. The British Accounting Review, 35(1), 1-18. In Brief, 2014, Introduction to the English Legal System. [online] Inbrief.co.uk. Available at: http://www.inbrief.co.uk/legal-system/english-law.htm [Accessed 4 Nov. 2014]. Michelle, 2014, [online] Contact Law. Available at: http://www.contactlaw.co.uk/blog/general-legal/what-are-the-sources-of-uk-law-99297.html [Accessed 4 Nov. 2014]. Slapper, G., & Kelly, D. 2013, The English Legal System: 2012-2013. Routledge. Vanhala, L. 2012, Legal opportunity structures and the paradox of legal mobilization by the environmental movement in the UK. Law & Society Review, 46(3), 523-556. Ward, R., Wragg, A., & Akhtar, A. 2011, Walker & Walker's English legal system. Oxford University Press. Read More