Law in England and Wales - Coursework Example

Sources of England and Wales Laws Lawin England and Wales Introduction The English and Wales legal system dates back to the times of Anglo-Saxons in England. It date back to 1250 when royal judges started to document important legal ruling that would later lay a firm foundation of the modern legal system (Binns & Martin 2014). During this ancient time, there was a system of laws that included the Saxon Shire courts, the feudal courts and the ecclesiastical (church) laws. Notably, the current English and Wales laws have transcended through generation to the modern laws. These laws are derived from a number of sources. There are four primary sources of laws that are either developed with the English legal system, also called internal sources or those derived from international laws and conventions or external sources. Sources of England and Wales Laws Historically, the development of common laws dates back to 1150s and 1160s during the reign of Henry the second. He greatly contributed to the contemporary English law by establishing secular English tribunals. As a result, common laws grew from the judges following each other decision. The initial laws saw the creation of Mercian and Danelaw. The two allowed judges and kings to study and determined cases based on the previous rulings. The form of reasoning adopted in this called casuistry or case-based ruling. By 1154, King Henry became the first leaders to institutionalize common law by creating a unified legal system in England and Wales (Binns & Martin 2014). Common Laws One of the fundamental sources of English laws is the common laws. Common laws are also called case law or simply the precedents. The law is the creation of judicial proceedings and judges ruling becomes a yardstick in defining future similar cases. Common laws make up the legal system that gives a credential weight to the legal proceedings. In English legal system, the bodies of precedent decisions make future commitment and as such they act as new laws in issues that lack clear legal interpretation. In practice, common law system is arguably more complicated; they rely entirely on a legal argument. The argument should prove that the current case is fundamentally similar to the previous case (Binns & Martin 2014). There are two integral forms of common laws. Firstly, pure common laws refer to legal provisions that are derived from the traditional and inherent authority. The English tradition takes considerable attention in determining a judicial ruling. The English tradition on contract, torts and criminal laws are key areas where laws have borrowed heavily from the English values, custom and tradition. Secondly, interstitial common laws, refers to the interpretation of existing written stipulations. As an important source of the English legal system, they are considered binding and thus forms the basis of ruling in any judicial process. Common laws, therefore, are derived from previous court ruling and the legal jurisdiction depends on the ability to substantiate the similarity of the events and ruling in a legal argument. Statutes Secondly, statutes are the main source of laws in England. Statutes refer to the laws that are created through a parliament legislation process. It is one of the formal sources of laws that have defined the English legal system. Statutes are formed from consultative discussions, draft proposals, debates in the floor of parliament and subsequent adoption of the bill into laws. As a source of law, statutes interpretation is a paramount function of courts. The process of argument and legal meaning of the words and expression by the courts are the core meaning of the existence of the judicial system. As the legislature generates the laws, the courts are tasked with interpretative function, but not constructive (Binns & Martin 2014). Ideally, the statutes should be in line with existing laws of the land (constitution). However, through Acts of parliament, laws can be changed depending on the need to do so; as a result statutes are most important source of English laws. Besides, statutes follow formal enactment of a legal, legislative authority. Normally, where statutes exist, the law is said to be definite. It takes precedence in court cases, and where there is a conflict between statutes and case laws, statutes usually take huge legal consideration. In addition, they represent the latest evolution of legal systems. Throughout history of English laws, statutes have been formulated to meet the common laws and English customs and tradition (Binns & Martin 2014). As the legal platform transforms, statutes are evolving as the primary source of laws in the United Kingdom. As a source of English laws, statutes have shaped English and Waless laws into a formal outline that has paved way for expeditious judicial process. In the absence of written statutes, the jury opts for case law application, however, with increased legislation that have been aligned along common laws and precedents; the English laws have greatly become comprehensive. Today, statutes are considered the primary source of English laws and cornerstone of the judicial system (Binns & Martin 2014). The English laws can be temporary, permanent, remedial or perpetual. Statute application varies considerably. External Source of England and Wales Laws There are two main sources of external sources of English laws. As part of European Union, the English and Wales legal systems borrow heavily on the European Union laws. Notably, European Union is an organization that allows European cooperation in the development, military and political provision. It has a body of court judges whose mandate is to ensure interpretation of European Community Law. The international relation laws of England and Wales derive its military and boundary disputes resolution is derived from the European Union laws. As founded in 1951 in French capital, Paris the treaty was a defining moment to English laws (Binns & Martin 2014). It was a commitment that all members would uphold the legal provision in the umbrella of EU. The treaty stipulated the role of member countries, bodies involved in decision-making and legislative process in international laws that binds the EU members. Regulations of EU become an automatically part of local laws when a member country signed. Secondly, the agreement laws that governs intergovernmental operations becomes binding once a country signs the law. They include unilateral and bilateral trade agreement and boundary provision that automatically becomes part of local laws (Binns & Martin 2014). Besides, EU supplementary laws are also a source of laws to its member countries and thus English laws borrows heavily from these unwritten principles. They include laws developed that allow the EU to bridge gaps of primary and secondary source. The most important Acts that is borrowed from EU is the Article 288 of EU laws that stipulate the functioning of the EU and treaties (Binns & Martin 2014). Because these EU provisions dictate the legal framework of local legal provisions, the EU subsequently forms an important external source of English and Wales laws. Despite the fact that EU lack formal codified constitution, it has a comprehensive set of rules and regulations that have become a rich source of local laws in England and Wales. European Convention on Human Rights The European Convention on Human Rights (ECHR) is known for its influence in EU members constitutionalism as one of the most influential source of English and Wales human rights provision. Drafted in 1950, the fundamental freedoms and civil liberty laws of the United Kingdom and across the EU members borrow heavily from this document (Binns & Martin 2014). It is, therefore, a definite external source of English and Wales laws. Some of the fundamental provisions are bill of rights and civil liberty that outlines obligation of the citizens to the government and state obligation to the people. The universal right to life is an inherent provision in the ECHR. One of the fundamental sources of English law chapter of human rights and freedom is the convention on human rights. In addition, the laws have influenced the universal liberty and have helped jury interpreting cases bordering legal abuse of human rights. The whole chapter on human rights and civil liberty in English and Wales constitution has been derived from the ECHR documented, and it has greatly refined the interpersonal laws in the United Kingdom. Other important sources of English laws include the provisions and doctrines o Church of England, people custom and English tradition. Although they remain unwritten by they have contributed immensely in determining legal arguments in civil and criminal laws. By 17th and 18th century, the Merchant Laws had incorporated people customs as part of laws that would determine civil cases (Binns & Martin 2014). Conclusion There are four main sources of English and Wales laws. The statutory is the integral source that has greatly enriches the English constitution with comprehensive legal provisions. Common laws and precedent are other sources that borrow laws from experience and court ruling. The European Union stipulations and ECHR Acts inform international legal obligations and universal bill of rights within the English and Wales legal system. However, other laws are derived from English traditions, values and customs. These minor sources have greatly enhanced court cases. Today, many commonwealth nations derive most of their laws from the rich and diverse English laws. References List Binns, R., & Martin, J. 2014. Unlocking the English Legal System (4th ed.). Hoboken: Taylor and Francis. Read More