Personal Development Portofolio - Essay Example

The opinion that was formed was changed merely in the first few days when the sources of English legal system were informed. These clearly pointed out how the English Legal System had developed that is by judge made decision that is common law as well as customs. Furthermore, the idea of precedents also provided for an analysis into how the procedures were followed and how important was law and procedure contrary to original perception. The studying of the principle of judicial precedent and the modes of statutory interpretation changed the view that judges were tightly bound by the precedent and the provision of statutes.

Furthermore, it provided an opportunity on how interpretation was undertaken keeping into account the preserving of the principles. Statutory interpretation also introduced the principle of separation of powers whereby how the Legislature provided statutes and how a decision could be reach by interpretation and how differing decision could be made by judges in respect of the same statute was also provided. It was seen that the judges and legislature had overlapped at times but the preservation of separation was undertaken.

Furthermore the relationship was one which was dependent upon each other that are judiciary on legislature. The different approach of judges in respect of interpretation of statutes was also an important factor that is the difference between the literal, golden and mischief rule. Finally the aids that the judges used so as to interpret statutes clearly showed that the judges were trying to decide in accordance with the intention of the Legislature and were merely trying to uphold the law in accordance with the intention of the legislature.

Developments had been made by judge who could be seen from the judgment of R v. R1 whereby for the first time rape within marriage was introduced. An important confusion which was cleared was the concept of retrospectivity whereby it was informed that the law in UK did not work retrospectively. Furthermore, an idea on how judges developed principles on which there had been no statute was also analysed. The principle of precedent has been a powerful tool but from the decision of R v R it was seen that there are still certain areas on which precedents might not have been developed.

Furthermore, from the decision of R v. R a precedent was developed which is still being followed. However, it is important to mention that the case also allowed to understand the power of reversal and overruling of decisions and also pointed out to the fact that an established precedent can also be changed or reversed. Another important principle which was understood was the human rights and how the law had operated in that respect. The Human Rights Act 1998 introduced the rights and it has played an important role in respect of balancing out and preserving the rights of humans and balancing it out with the enforcement of law.

Human right in the English Legal System is a new phenomena and it has been developing and is still in the stages of developing, the roots of human rights cannot be said to stem from law, but the concept can be related to the principles of natural justice and morality whereby rights of human beings and their preservation is respected. The procedure of the courts and the powers of the courts to reverse, overrule change decision was also understood. Furthermore, the binding nature of precedents and the persuasive nature were also