External Sources of Law in England and Wales - Essay Example

External sources of law in England and Wales Name Course Institution Date 1. Introduction The human behavior has led to rules with legal force which guides it. This is what is referred to as sources of law. Sources of law may also be referred to as the supreme or the state from which the law originates its legitimacy or force. The aspects that have added to the improvement of law are also considered as the sources of law. There are various sources of different types of law. This may be internal or external. The various sources of law in connection with the following categories of law are discussed below; European Union law the, statute law, the European Human Rights Convention and common law(Holman, 2002). 2. Statutory Law A bill is the one that gives birth to a statute. It may be introduced in the House of Parliament.Nevertheless, for it to be become an Act it has to pass through the Lords and Commons. The regularLords House processremainsessentiallysimilar to the Commons. Neverthelessonce Second Reading is over inLords House, the Bills will bededicated to whole House Committee. Bills are always obtainable from web site of Parliament and progresses all the way through the different stages can be trailed. The normalCommons’ House process is; 1. First Reading; officialdeclarationand the presentation of the Bill takes place, 2. Second Reading; the debate stage; the resolution of legislature is debated here, 3. Committee Stage - usuallythere is establishment of Standing Committee to contemplate the Bill clause after clause, 4. Report Stage; anevaluation of Bill as revised by Committee and addition of new amendments, 5. Third Reading; House analyses the adjustments and licenses it to continue to the next stage. In royal assent, Queen sign’s the Bill making it an Act of Parliament. This will happens if the Bill haspassed all House stages. The commencement date of the act may be specified by the Act itself or a date of operation of the Act or its parts may be appointed by the minister. The chosen dates by minister will be published as Statutory Instruments, Commencement Order(Holman, 2002). Federal structure complicates the discussion of the sources of Wales’s law as it producesbinary sources of law which is written: federal and state and the same number ofstatute law sources, having federal Constitution to define the federal’s legitimacy and State statutes whereby the authoritiesare overlappingin a case. It was in 1901 when Walesncivilizations became a coalitionbyassenting theAct of Commonwealth Wales Constitution by the British Parliament. It basically became a creation of British legal tradition and Walesn democracy. The statutory law of Wales can be said to have primarily originated from British act from the parliament (Holman, 2002). 3. Commonlaw Main sources of this type of law are straight sources of law like law reports treaties, parliamentary papers and legislation among others. The secondary sources include; articles, discussions, opinions and commentaries among others. Though the above may be sources of law, English common law was mainly from the parliament act, from the Courts and European acts. Extreme law in England is presently originating from the Parliament authority normally reached at via a passing of Bill through given processes in both houses of the parliament(Holman, 2002). The High Court of Waleshas a general appellate authorityabove the Supreme Courts of the State. This makes sure that there is a single uniform Walesn common law. In 1978, High Court ceased to be bound by verdicts of Judicial Committee of Council of Privy and introduced degree of separation between thesystems of common law. It has been predominantlyplain with increasingimpact on the England’s common law ofEuropean Union law of the, in UK’s current common law changes which are predisposed by conventions and European law(Macilwain, 2007). The courts of England also are able to make laws. This is due to the powers given to these courts which are; creative powers which form case laws that are common laws and interpretative powers that form statutory laws. 4. European Human Rights Convention and the law of European Union Law of European Union has 3 sources namely: primary law, supplementary law and secondary law with the main source of primary law being the Treaties establishing the European Union. Legal instruments built on the Treaties are the secondary sources and include conventions and agreements and unilateral secondary law. Additional sources include elements of law that have not been provided for by the treaties which comprise of the international law,general principles of law and Court of Justice case-law. Primary sources of lawprimarily originate from the founding of Treaty on the EU and the Treaty on the Functioning of the EU. The two Treaties provide the spreading of competences between the Member States and the Union and establish the commands of the European institutions. They secondary law comprises agreements and unilateral acts and they group together. Overall principles of law are unwritten sources of law established by Justice Court’s case law. The Court is allowed to implement rules in different domains of which the treaties do not mention.Protection of Human rights in EU is among the importantextents of thelaw of EU and remains to have vitalinfluence on the EU's with the Member States’ dealings, international law and the EU (Beck &Demirguc-Kunt, 2006). 4.1. The sources of European law The treaties are the number one source of the European law. Various treaties levy legal responsibilities on associate states. These treaties include the 1957 Rome Treaty, 1987 European Single Act,,Amsterdam Treaty of 1997 and the 2003 Nice Treaty. Various duties imposed by these treaties are enforceable directly by singleresidents, irrespective of legislative action taking capabilities of the related associate state to implement the laws (Macilwain, 2007). An example of such rules and regulations enforceable by the individual is the one that demands that women should be treated equally in employment (Article 141of the Rome Treaty). 4.2. Regulations For there to be law uniformity all over the community, regulations are put in place. These regulations are issued to the member states where they take effect immediately. 4.3. Directives Directives harmonize the law between the states which are member of the European Union and are applied in all of them. This harmonization will make these laws related but will not make them alike. Directives will only dictate what must be done but the method of achieving it will be decided by the states differently. Therefore, individual national parliaments of the member states will implement these rules. The limits of implementing these Directives will be specified by the European regulation to all the states (Beck &Demirguc-Kunt, 2006). 4.4. Decisions Individuals, companies or specific member states are the ones affected by a decision. The decision may be to prevent an individual from carrying out certain activity or allow the party to carry on with certain activity (Macilwain, 2007). Effects of sources of law to development The leading authority could not satisfy the needs of the rule of law just by being able to point to an important law which authorized it to act in an arbitrary manner in Walesnpolitical and legal discourse UK was placed in a different legal climate.by the combination of the European Human Rights Convention into the UK’s national law done by the1998 Act of Human Rights Therights enforceable that are provided for in the Human Rights Act are applied to in the UK and other countries.. The courts of England are obligated by law to interpret verdicts of European Justice Court and of European Human Rights Convention organs(Patrick, 2007). Industry and commerce is also governed by abundant law such as safety at work and health regulation rules. When the practices of the industries change, the hazards that were normally involved with the practices also change as a result. For instance, internal engine of combustion when commercially exploited steered to the growth of a vast form of movement law. In run through, these governmental and effects modificationcan be intertwined: asocial or economic matter is frequently the attention of policy of politics. The law also has led to changes in social development. The changes in values that have been considered moral have been due to the influence of various legal enforcements and development. For instance, the reforming of legislation to guard discrimination against other individuals due to their race or sex and their sexual orientation has led to a big change in the social aspect of life. This has been a development which has been effected by the law(Macilwain, 2007). The political arena has not been spared by the law. The development and changes in the political environment has been highly affected by law.in order for a government to initiate new policies, there has to be authorization from legal policies. The nationalism policy introduction for example, it led to electricity, gas and water industry privatization. The European law has also had its impacts felt in various member states. For example the Amsterdam Treaty placed the employment rights and the rights of the citizens at the core of the Union in order to eliminate all the obstacles that weaken security and bring forth freedom of Union movement. Nonetheless, EU membership had a significant impact in several regions of business law (Beck &Demirguc-Kunt, 2006). Conclusion In both England and Wales, a bill is the one that gives birth to a statute.English common law was mainly from the parliament act, from the Courts and European acts.Extreme law in England is presently originating from the Parliament authority normally reached at via a passing of Bill through given processes in both houses of the parliament. In Wales the common law sources come straight from other sources like law reports treaties, parliamentary papers and legislation among others. The European Law sources are mainly from treaties, regulations, directives and decisions. The law has caused changes to development in all aspects majorly, industrial, economical, social and political. Refences Patrick, M 2007, 'LSE Pitches a New law changes', Wall Street Journal - Eastern Edition, 13 July Edwards, T 2002, Our future laws, Microwaves & RF, 41, 4, p. 13, Holman, T 2002, 'Behind the Jury Headlines', Bookseller, 5024, p. 11, Beck, T, &Demirguc-Kunt, A 2006, Law study and ease of working.,Journal Of business law, 30, 11, pp. 2931-2943 Macilwain, C 2007, Law watch', Nature, 447, 7146, p. 767 Read More