Showing posts from January, 2021

What are the main sources of English law and how do they integrate?

The English legal system represents an uncodified corpus of varying providence, one which spans several centuries of law. The various sources and their interactions are not clearly delineated as in civilian systems, but a piecemeal construct driven by pragmatism. This article will examine the four chief sources and their interactions with one-another of English law : Common law, Parliamentary Statute, Delegated Legislation and the Law of the EU (pre-Brexit). A brief consideration of a fifth source of law, statutorily incorporated law, will also be assessed, and contrasts drawn with the EU.  The common law, or case law, makes the greatest contribution to the English legal corpus, and is the first source assessed. The binding judicial decisions of several centuries of judges form a huge and comprehensive body of law, and as a result of judicial decision making finds its way into every application of law made. We can identify two historic movements of the common law. The first was its anc

What are the roles and responsibilities of the judiciary in the English Legal System?

This article identifies the role of the judiciary as intrinsically linked to its responsibilities. If the responsibility for checking the actions of our political institutions lies with the judiciary as an unbiased and independent arm of state, then its role will extend to a higher standard of judicial review. If this responsibility lies elsewhere, and the responsibility of the judiciary is more limited to cases of grave breaches of error, then it is not the role of the judiciary to scrutinise political decisions with too much intensity. This article concludes that largely due to the nature of our unwritten constitution, the current model of judicial review gives more rather than less responsibility to the courts.  Legal systems have two main components: the making of the law, and its application. In England, the law makers are Parliament; and the bodies which apply the law Parliament makes are the Executive (government) and the judiciary (the courts). Thus; the courts have a distinct

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