Introduction to Law and the English Legal System
Law as a Discipline
- Law is a set of rules developed by a governing body to regulate members of society.
- Study of law includes understanding its nature, functions and the impact it has on society.
- It is a guild discipline, implying that it has its own specific language and methods.
The English Legal System: Overview
- The English legal system is the legal system governing England and Wales.
- The system is common law based, a system developed through court decisions rather than written statutes.
- It includes central concepts such as rule of law, separation of powers and fundamental human rights.
- Other relevant bodies of law, such as the European Union law and international law, also play a part in the English Legal System.
Hierarchy of Courts
- There is a tiered court structure with different courts dealing with various types of cases.
- The Supreme Court is the ultimate authority for civil and criminal cases.
- Below the Supreme Court are, among others, the Court of Appeal, High Court, County Court, and Magistrates' Court.
- Judicial precedent, the system where lower courts respect the decisions of higher courts, is an important principle in the English legal system.
Law Making in the English Legal System
- Legislation or statutory law, usually enacted by the Parliament, is the primary source of law.
- The Parliament is considered sovereign, meaning its power is unlimited and it can make, amend or repeal any law.
- Secondary sources include precedent (previous decisions by courts) and delegated legislation (laws made by an individual or body under powers given to them by an Act of Parliament).
- The law commission plays a crucial role in recommending reforms to existing laws.
Individual Rights and the Law
- The Human Rights Act 1998 incorporated the European Convention on Human Rights into UK law.
- It has had a significant impact on the English legal system by enabling courts to rule that certain actions by public bodies are contrary to human rights.
- Judicial review is the exercise of the courts' power to review laws and government acts for their legality.
Legal Professionals
- The legal profession in England and Wales is divided into two main branches: solicitors and barristers.
- Solicitors handle most pre-court aspects of a case, including legal documents, correspondence, and advice.
- Barristers, also known as advocates, traditionally have the right of audience in court to represent their client.
Justice and the Legal System
- The English legal system aims to provide justice, which involves fair and impartial treatment.
- This is achieved by the adversarial system of justice, where the truth is determined by the argumentative skills of the lawyers representing opposing parties.
- Additionally, legal remedies, sentences and punishments aim to achieve retributive justice (punishment), rehabilitative justice (reform), and deterrent justice (prevention).