Its norms have evolved over a long course of history and are rooted in traditions and conventions. British legal system is no exception to its social norms. There is not even a written constitution in Britain. A layman can…
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Such a long experience of many generations has given this system the depth no legal systems in the world can match. The process of going through ages of human civilization has evolved this system in such a way that it not only meets the legal standards of practicability but also the human side of it. British legal system is consistent with the thinking of its citizens. Traditions and conventions are at the heart of it making the law and the folk wisdom compatible with each other.
This traditional approach has given rise to certain inherent principles of British legal system e.g. the doctrine of rule of law, independence of judiciary and habeas corpus. These principles –just like the legal system itself- have evolved over a period of centuries and form the basis of British system of Justice. The fact that most of the modern day world has also benefited from the British common law principles, make these traditional laws a sound base for many universally accepted rules now. In the below discussion we will look at some of these principles in detail. We will highlight their evolution, their importance in the development of legal system and their implications in the modern age. We will also see how the tradition side of these rules still reflects itself in the developed laws.
Habeas Corpus is a Latin word which means ‘you shall have the body’. In legal sense it represents a method through which any person can claim relief against unlawful attest or detention from any other person or even the legal system itself. In other words, it is a system through which the court can order to bring a detained person so that it may be ascertained whether he was detained lawfully or not. The petition of Habeas Corpus can be brought by the person himself or if he is unable to seek such remedy because of being in detention, then by any other person.
Habeas Corpus is originally an English concept which originated in the early
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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.
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.
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).
Before proceeding further with the discussion on all the aspects mentioned in the previous paragraph,it would be of help in having a brief look at the jury,as it is seen in the English legal system.Jury Historically,the concept of jury has been there in the English legal system for nearly the past eight centuries.
It was alleged that the claimant had inappropriate contact with the boy and further that inappropriate text from the claimant to the boy inviting the boy to meet him were found in the boy’s phone. The school consequently expelled the claimant from working in the school.
Rather than exploring these very many arguments, we can somehow get around this by introducing a number of features that are associated with law are identified to highlight some of the characteristics of law in a practical sense. These include the features associated with law like a defined area where the law applies which in this case is the United Kingdom and the content of the law.
Under the glare of Critical Legal Studies (CLS) scrutiny, once-sacrosanct legal precepts are being dismantled, stare decisis as a doctrine is being reexamined, and the infallibility of the courts as repository of truth and justice is being questioned.
When the British formed their colonies they adopted and made it obligatory the notion of terra nullius which meant that the land belonged to no one. This they did because there was no particular recognition of laws or rights to the land of those aboriginal people at that time.
The immortal writings of William Shakespeare inform the world of the Elizabethan society in its splendour and beauty, and also in its seamy sides. A valuable picture of German society of that time is made available to all from the works of Goethe. The Russian society under the Tsar finds itself reflected in the creation of Tolstoy.