To What Extent Have External Sources Affected Development of the Law in England and Wales - Coursework Example

DIFFERENT SOURCES OF THE LAW IN ENGLAND AND WALES Introduction All human societies are governmentby a set of rules that determine the manner in which they interact and carry out their daily functions. It is expected that these rules and regulations apply to all people irrespective of their differences. While many of these rules and regulations are supposed to be internalized by people in those particular communities, they can sometimes forget and engage in practices prohibited by such systems (Hanrahan 2008, 24). For countries, these set of rules are often contained in a special document created by the countries’ legal systems and policy makers. The constitution is the legal structure designed by respective institutions to govern the way people and institutions conduct themselves in the country (Barker & Padfield 2002, 23). Law of the United Kingdom In the entire United Kingdom, three main legal systems exist in the process of governing the countries in this kingdom. First is the English law, this law applies to Wales and the England. Second is the Scots Law, this law applies to Scotland; this law is described as being pluralistic, basic on the principles of civil law, having most of its common elements that have a long history, dating back to High Middle Ages. The third type of legal system is that of Northern Ireland; this law applies to Northern Ireland and is founded on principles of civil law. It is important to note that in the United Kingdom, no particular legal systems exists, this is because, the kingdom was created through the political amalgamation of independent countries (Donaldson 2011, 17). According to the history of the United Kingdom, the Union was established under article 19 in the treaty signed by the independent countries that merged to form the Union (Simons 2006, 16). This treaty was referred to as the “Treaty of Unions” and was established in 1707, setting the path of growth for the United Kingdom, also referred to as the Great Britain. Later on in 1800, the Great Britain was expanded to include the Republic of Ireland, resulting in the formation of the great union that now included Ireland (Simons 2006, 26). According to the legal structure operating in the UK, the highest court in the land has remained to be the Supreme Court. The Supreme Court came into existence in 2009, substituting the system that involved the appeal committee that comprises of lords. In Wales and England, court systems are often headed by senior courts in both countries (Holmes 2009, 53). Judicial precedents in England and Wales One of the features that characterize the law of England and Wales is the concept of judicial precedence. In this case, the cases that have been reported by the courts make an important binding source of the law, which is used in making of future decision over similar and related incidences (Slapper & Kelly 2004, 26). Under the doctrine of judicial precedence, a judge of the court is often bound by the decision of superior jurisdictions. However, this does not apply in incidences where the decision originated from the inferior courts. Classification of the law in England and Wales The law of England and Wales like other counties has special classifications; first, we have the criminal law. This type of law deals with various offenses that happen against societies and countries at large (Hunt 2007, 19). When these offences are committed, the duty of prosecuting the culprits is a mandate of the state. Civil law, which is the next classification comprises of issues with disputes happing between various private parties. For instance, it applies in disputes involving employees and their employers, injunctions and damages as well as between suppliers and their consumers among others. Besides the civil and criminal law, tort also comprises another classification; this segment of the law deals with cases of nuisance, negligence and cases involving trespass and defamation, as well as breaches in business contracts by parties to those particular contracts. Sources of the law The law of England and Wales is derived from various internal and external sources that exist outside these countries and the larger United Kingdom. From the internal sources, two main elements form important sources of the law; these are the legislations from various statutes as well as the common law, which is often developed by principles set up in these two countries from time immemorial. Legislations Legislations, as source of the law in England and Wales refer to the law that is established through the acts of parliament, which forms the country’s legislature. The chief legislature in Wales and England is found in London, which is the capital of the United Kingdom (Slapper & Kelly 2004, 37). The parliament that makes these laws in the United Kingdom comprises of two main sections or houses, which of the Lords and other made up of Commons. 650 members make up the parliament’s House of Commons, whereby each member of the parliament is in charge of a certain geographical section, referred to as a constituency. On the other hand, the House of Lords comprises of approximately 600 members who are often appointed by the Queen of England upon approval and recommendation by the countries’ Prime Minister (Hunt 2007, 36). Other members that are part of this house are senior members belonging to the church of England as well as those people that have inherited various titles from the aristocratic line like “lady” or “Lord.” Common law The legal systems existing in Wales and England make up the Common Law; in this case, the law derives some of its sources from the decisions made by some of the senior’s courts of appeal. External sources of Law in England and Wales The European Union The United Kingdom, which comprises of England and Wales, is an important member of the European Union. In this case, the European Law often takes precedence as far as the law in England and Wales is concerned. The EU refers to the organization that came into existence through agreements that were signed by majority of the countries in Europe in order to have a collective bargain and advancement of their military, political and economic affairs (Keller 2008, 28). The law of the European Law was formerly referred to as the law of the European Community. The European Union Law refers to a collection of various court judgments, laws as well as treaties and acts that originate from the members of the Union. The European Union law is highly respected by member states; in fact, the law is often given precedence over national law in cases that involve political, economic and other issues pertaining to human rights. The European law, as an important source of the law of England and Wales comprises of three main sections, i.e., primary law, the secondary law as well as supplementary law (Keller 2008, 34). The European Convention on Human Rights Another important external source of the England and Wales Law is the “European Convention on Human Rights.” It is important to note that the UK is a signatory to this ECHR, which was established in 1988, but came into active use in 2000 (Keller 2008, 38). This act plays an important role in ensuring that all courts in England and Wales, as well as other member states safeguard the rights and interest of all the people. The ECHR came into existence in order to harmonize the human rights practices that differ from one country to another, being member states; the act has a major precedence over member states. In this case, they have to use the laws contained in these acts when it comes to handling various cases involving human rights issues in these countries (Slapper & Kelly 2004, 55). The importance of external sources of law in England and Wales By being a signatory to these external institutions, the United Kingdom has a responsibility to work within the spirit of these institutions. The European Union Law and the ECHR were created so that countries that signed the membership agreement would help to pull their resources and help each other in terms of political, social and economic dimensions among other important aspects of their countries development (Keller 2008, 35). External sources of the law have been very instrumental influencing legal practice in these two countries. For instance, in case of human rights disputes, the law of the European Union and ECHR is given priority over national Law; this gives a wider perspective over how disputes and other issues are to be solved in the interest of the spirit of the Union (Slapper & Kelly 2004, 67). It is important to note that external sources of law have other important effects besides the legal angle. They enhance political and economic interactions and corporations by member states. In this case, England and Wales has a good chance to obtain assistance in times of adversities and other challenges that affects political, social and economic systems of these countries.   Bibliography Barker, D., & Padfield, C. 2002. Law (11th Ed). Made Simple, Oxford. Donaldson, M. 2011. United Kingdom. Lerner Publications, Minneapolis, MN. Hanrahan, C. 2008. Legal system. Greenhaven Press, Detroit. Holmes, O. 2009. The common law. Belknap Press of Harvard University Press, Cambridge, Mass. Hunt, L. 2007. England & Wales (2nd Ed). Thomas Cook, Peterborough, U.K.. Keller, H. 2008. A Europe of rights: The impact of the ECHR on national legal systems. Oxford University Press, Oxford. Slapper, G., & Kelly, D. 2004. The English legal system (7th Ed). Cavendish, London. Simons, R. 2006. United Kingdom. Mason Crest, Philadelphia. Read More