The Different Source of Law in England and Wales - Essay Example

Assess the Different Source of Law in England and Wales. To what Extent have External Sources Affected its Development? The Main Sources of Law in England and Wales England and Wales are countries that belong to the greater United Kingdom. These countries do not have a common source of law; however, they often draw their laws from four common sources. These sources include the statute laws also referred to as Legislations, Common laws, European Union laws and European Convention on Human Rights. Legislations are laws that are created by the legislature of the United Kingdom with the chief one being the UK parliament (Slorach 2013, p.37). The Parliament is based in London, and it is tasked with the powers of passing laws that are applicable in both in England and Wales. The parliament consists of the House of Lords and the House of Commons. The two houses usually consist of eight hundred and six hundred and fifty members respectively (Slorach 2013, p.47). Common law, on the hand, is where higher appellate courts’, namely the Court of Appeal and the Supreme court, judgments are set as precedence that are to be followed by all the subordinate courts to make future judgments on similar cases. This is often done to create unity and consistency in making judgments. European Union Laws are laws that are created by the European Union (EU) to which Wales and England are members. Since the EU is greater than the two countries, EU laws often precedence over UK laws (Slapper & Kelly 2011, p.83). The Human Rights Act 1998, which was ratified by member states of Council of Europe to later become known as European Convention on Human Right (ECHR), also serves as a major source of law for the two countries. This is because UK is a signatory to its statute. This, therefore, binds all courts in the two countries to protect human rights using the set conventions as noted in the ECHR. England and Wale’s sources of law are often categorized as either internal or external. The internal sources include the statutory laws and the common law. The external law includes the ECHR and the EU laws. Internal laws are the laws that are created by the law-making organs of the two countries. On the other hand, statutory laws are created by the legislature while common laws are drawn from precedencies set by the two senior most appellate court namely the Court of Appeal and the Supreme Court (Reinsch 2004, p.50). The citizens of the two countries uniformly recognize all these organs. External sources of law, on the other hand, are as a result of the ratification of agreed on convention by the European blocks that come together to pursue a common good (Reinsch 2004, p.51). Examples include human rights or safer environment. These upon ratification, binds all member states and in most cases, precedent over individual countries laws. Effects of External Sources of Law The immediate effect of applying external sources of laws is that it adds to the wealth of knowledge that the country already has. This has the advantage of aiding the making of statutory interpretations thereby leading to consistency and depth when offering judgments (Kaplin & Lee 2013, p.37). This leaves both parties convinced that they have received fair trial and need not to make further appeals hence reducing the backlog of cases in courts. However, the external sources of law often contradict some of the common laws of the UK. This, therefore, yields to a dilemma of where to maintain a country’s sovereignty or pledge loyalty to the European block. Sovereignty often outweighs loyalty and this breeds distrust and noncooperation and noncompliance amongst member countries (Kaplin & Lee 2013, p.67). The external sources of law have also led to the enhancement of human rights. An immediate example is the ECHR, which has clearly spelt out human right that came into effect in 2000. These laws bind member states and ensure that her citizens are protected; failure of which penalties are discharged on those who fail to comply (Oakland 2010, p.123). This has led to improvement in human rights records in both England and Wales as these laws are often cited when issuing judgments in magistrate’s courts on matters pertaining to human rights. External laws have also helped in advocating for equal opportunities for both men and women. This has helped bring to an end the orthodox practice of job discrimination based on gender. The two countries have a near perfect record in offering opportunities as their public service jobs are occupied in equal number for both genders (Oakland 2010, p.125). This trend has been on the rise since the end of the First World War when some of these laws were introduced. Working conditions also have since improved with the introduction of some labor laws. This has been evident in the capping of the number of hours a laborer should work in a day and in a week and specifying the minimum wage each laborer should earn for every work group as well as the generally conditions under, which a laborer works (Oakland 2010, p.124). This has helped in preventing workers from exploitation by their employers. In general, the pros of external laws have overwhelmingly outweighed its cons; therefore, they are a good thing for the countries developments as it has continued to provide a rich source of law to which people can refer. It has also set the two countries on the world map as champions of human rights and best labor practices to which other countries can emulate. Nature and Effect of Internal Sources of Law Common law is believed to have originated from England before its spread to Wales. It is usually unique in the sense that it is a body of laws that never cease to grow as it is usually developed by judges through the decisions of courts and tribunals. It usually gives the precedential weigh to common law in the sense that it holds to the principle that it is unfair to treat similar facts differently on different occasions (Reinsch 2004, p.97). It, therefore, binds all future decisions. The decision of the court are binding only in a particular jurisdiction and even within a given jurisdiction, some courts have more power than others do. Common laws as is known in the two countries can be differentiated into pure common law, which arises from the traditional inherent authority of court to define what the law is (Oakland 2010, p.57). The other category is the interstitial laws, which are court’s decisions that analyzes, interprets, and determines the fine boundaries and distinctions in laws promulgated by other bodies (Oakland 2010, p.57). Statutory laws are laws that are passed by in parliament. These laws come in the form of legislation, which are applied in both countries. Parliament is the supreme legal authority in the United Kingdom, and only the parliament has the authority to enact any law it wishes. Such legislation is superior to all sources of law and may not be challenged in courts. The types of legislation that they usually have are split into two categories, which include primary legislation and delegated legislations (Slorach 2013, p.71). Primary legislation includes Acts of Parliament and enacted by Parliament. Statutes lay out the Parliament’s general intensions in a particular field. Delegated legislation include the statutory instruments and are made by people acting under the authority of parliament under power conferred by Acts to fill in the details setting out exactly how the act will work (Slorach 2013, p.71). Statutory and common laws have often given rise to a considerable amount of complexity. However, the principle of a state’s decision has been used to harmonize them as it maintains that similar cases should be decided according to consistent principled rule so that they yield similar results (Slorach 2013, p.80). An Analysis of the Institutions Relevant to each Source of Law and how they have Created them If one feels aggrieved or a crime is committed against him and decides to contact the police, the latter will initiate an investigation and upon being convinced that a case indeed exists, he will forward the file to the prosecutor who will then initiate criminal proceedings against the accused. He will withstand the worst of proving beyond reasonable doubt that the defendant indeed committed a crime. Minor cases are heard and determined by the magistrates. They do not give a reason for their decision. Serious offences are heard and determined by the crown court. The court consists of a bench that that is chosen at random from among the local people. The decision of the jury is often unanimous and sentences, if found guilty, include fines, which are paid to the state, imprisonment or community development. Appellate courts usually hear appeals from other courts. They include the Court of Appeal and the Supreme Court. Court of Appeal usually has the civil and criminal division; the civil division usually handles appeals from the high courts. Criminal division handles appeals about alleged error of law in magistrate and crown cases. The judges then arrive at individual decisions. Either unanimity or a majority may reach the court’s decision. Appeals from courts of appeal are heard by the Supreme Court and the permission to appeal, however, is granted upon the meeting the threshold of satisfying public importance. A simple majority does judgment at this level. Court of appeal and Supreme Court judgments are set as precedents that all subordinate courts follow to make judgments In conclusion, the two countries, England and Wale, continue to share from a rich pool of law resources. This is a positive thing for any given country. Caution, however, only needs to be taken in the area of how to strike a balance between maintaining the sovereignty of the country and loyalty to the EU as both options will be good for them only that the best still remains a cause of disagreement. Bibliography Kaplin, A., & Lee, Barbara. 2013. The Law of Higher Education, 2 Volume Set. New York, John Wiley & Sons. Oakland, John. 2010. British Civilization: An Introduction. Boston, Routledge. Reinsch, P. S. 2004. English common law in the early American colonies. Clark, N.J., Lawbook Exchange. Slapper, G & Kelly, D. 2011. The English Legal System. 2011-2012. New York, Taylor & Fransis. Slorach, J. S. 2013. Legal systems & skills. Oxford, Oxford University Press. 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