We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Nobody downloaded yet

English Legal System - Essay Example

Comments (0) Cite this document
Summary to essay on topic "English Legal System Essay"
Topic:(English legal system). Lord Denning, MR: 'If on close investigation it should appear that our legislation is deficient or inconsistent with community law by some oversight of our draftsmen, then it is our bounden duty to give priority to community law'…
Download full paper
Polish This Essay
English Legal System Essay
Read TextPreview

Extract of essay "English Legal System Essay"

Download file "English Legal System Essay" to see previous pages... The impact, effect and influence of Community law on domestic law is dependent on the principle of supremacy of the former over the latter. The concept of supremacy of EC law is directly related to the principle of direct effect, direct applicability and self-execution. The first is pertinent to implementation while the others are to enforcement.
Let us write or edit the essay on your topic "English Legal System Essay" with a personal 20% discount.. Try it now
It would certainly be impossible to achieve the objective of the Community if its laws cannot be implemented consistently among its members.
In traditional international law, the determination of whether a certain provision is directly effective is decided by domestic law. It is also domestic law that will determine what are the conditions under which such effectiveness applies. This traditional mechanism was short-circuited by the European Community due its supra-national status and evolved the Community into a legal order sui generis.
The principle of supremacy is implied in the very creation of the Community, this is the gist of several decisions of the European court justifying compliance with Community law. Its articulation was necessary for the enforcement of Community law through national authorities and courts.1 The determination of supremacy, direct effectiveness, direct applicability and self-execution of the provisions of Community law is done under the procedures and precepts of Community law.
These doctrines are actually described as constitutionalizing; implementing supra-national effect of the treaty in its member states. As stated in Les Verts2, "The EEC is a Community based on the rule of law, inasmuch as neither its Member States not its institutions can avoid a review of the question whether the measures adopted by them are in conformity with the basic constitutional charter, the Treaty."
These same doctrines also point to an umbrella principle, which their operation imply - that of supremacy of EC law over national law. Indeed, in case of conflict, Community law overrules national law in order for Community law to be effective and for the same purpose, the European Court of Justice is given the final pronouncement with regard to Community law. In the words of Costa v ENEL3:
By contrast with ordinary international treaties, the EEC Treaty has created its own legal system which, on the entry into force of the Treaty, became an integral part of the legal systems of the Member States and which their courts are bound to apply.
By creating a Community of unlimited duration, having its own institutions, its own personality its own legal capacity and capacity of representation on the international plane and, more particularly, real powers stemming from a limitation of sovereignty or a transfer of powers from the states to the Community, the Member States have limited their sovereign rights, albeit within limited fields, and have thus created a body of law which binds both their nationals and themselves.
The integration into the laws of each Member State of provisions which derive from the Community, and more generally the terms and spirit of the Treaty, make it impossible for the states, as a corollary, to accord precedence to a unilateral and subsequent measure over a legal system accepted by them on a basis of ...Download file "English Legal System Essay" to see next pagesRead More
Cite this document "English Legal System Essay"
  • APA
  • MLA
  • CHICAGO
(“English Legal System Essay Example | Topics and Well Written Essays - 1750 words”, n.d.)
Retrieved from https://studentshare.org/miscellaneous/1511064-english-legal-system-essay
(English Legal System Essay Example | Topics and Well Written Essays - 1750 Words)
https://studentshare.org/miscellaneous/1511064-english-legal-system-essay.
“English Legal System Essay Example | Topics and Well Written Essays - 1750 Words”, n.d. https://studentshare.org/miscellaneous/1511064-english-legal-system-essay.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document
CHECK THESE SAMPLES - THEY ALSO FIT YOUR TOPIC "English Legal System Essay"
English Legal System
Ltd “BINDING JUDICIAL PRECEDENT” English legal system has developed the judge-made law which is also known as stare decisis or the doctrine of binding precedent, which is one of the most basic and traditional features of the English legal system. As per the doctrine of judicial precedent, a verdict pronounced by a court in a case is obligating on the other inferior courts and also the same court which involves analogues legal issues.
8 Pages(2000 words)Essay
English legal system
The problem in this question relates to the development of the English Legal System and what were the different sources and characteristics of the legal system. Furthermore, the external elements and influences also need to be taken into account when answering the question.
6 Pages(1500 words)Essay
English Legal System & Practice
They are laid down as follows: 1) An Act of Parliament must be construed as a whole, in order to avoid any possible inconsistencies. 2) Words and legal terms that possess one certain meaning must be accorded that meaning irrespective of the ensuing result (literal rule).
4 Pages(1000 words)Essay
Health Organization Case Study
UnitedHealth Group proffer a variety of different products and services via two of their operating business units: the United Healthcare and the Optum. Through its wide and huge family of different subsidiaries and divisions, UnitedHealth Group provides services to an approximately large number of over some 70 million individuals all over the United States.
4 Pages(1000 words)Essay
Contract management and contract law
The author concluded that knowing the contract law in details is very significant for the operations of a firm. Making the related stakeholders like the employees, suppliers, and the customers aware about the prevalent law is equally important since declaring the law in advance prevents the occurrence of any legal trouble.
13 Pages(3250 words)Essay
English Legal System
The people of United Kingdom are also protected through this agency. But that was lot of expensive and time consuming. The UK made historic event in the State by enacting the Human Rights Act, 1998 which came into existent from 02.10.2000. The new Act delineated the boundaries of the rights on the principle of democracy.
6 Pages(1500 words)Essay
The English Legal System
Natural law is used to criticize decisions about the statutes, but less so to criticize the law itself. In fact, the Natural law theories have exercised a profound influence on the development of English common law.
4 Pages(1000 words)Essay
English Legal System, Coursework
When a case is decided by a judge then his decision and the basis of the case becomes a precedent which other courts follow while deciding a case which is similar in nature. The systems of rules of Common law is dependent more on judicial decisions and less on civil law systems which in turn is dependent mainly on written laws and statutes.
7 Pages(1750 words)Essay
ENGLISH LEGAL SYSTEM
Barristers deal with the advocacy or representation of clients before the courts and with the high level consultancy on
10 Pages(2500 words)Essay
The English Legal System
Formulation of law, and their interpretation and application is recognised to be challenging. It is because the laws enacted and enforced have strong affiliation with every
10 Pages(2500 words)Essay
Let us find you another Essay on topic English Legal System Essay for FREE!
Contact us:
+16312120006
Contact Us Now
FREE Mobile Apps:
  • About StudentShare
  • Testimonials
  • FAQ
  • Blog
  • Free Essays
  • New Essays
  • Essays
  • The Newest Essay Topics
  • Index samples by all dates
Join us:
Contact Us