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).