The English Legal System Essay Example | Topics and Well Written Essays - 1000 words

The English Legal trunk - Essay ExampleThe UK parliament is the sovereign bureau of legislation i.e. is responsible for the creation of wreaks of Parliament. Before enactment, an Act is referred to as a Bill, both Houses of Parliament have to consider Bills and finally receive the Royal Assent. The close to importantly is delegated legislation that is considered as a reference point of legal philosophy.The next source of law is case law, the in effect(p) creation and refinement of law during discriminative decisions The judiciary main function is interpreting the actual signification of legislation providing it with further creativity. The final source of law is custom. The everyday law represents a crystallization of common customs, distilled by the judiciary in the course of its travels round the land. A second possible customary source of law its rules be derived form specific local customs. In the English legal system restraints on judges are that the Judicial decision s are subject to modification by legislation And the final authority to dismiss a judge resides in Parliament but this can only be through with(p) by the consent of both Houses.However jurisdiction of courts supervises the use of statutory and prerogative powers by governing ministers. Moreover The validity of actions and decisions for which there is no legal authority or source or which are taken in flagrant abuse of the requirements of procedural fairness (natural justice) may be challenged through an operation for judicial review. Carroll, a. 2007. In addition There are rules that underpinning judicial independence By convention ministers do not criticize judges or their decisions - although in recent times some see it cant be utilize on parliamentary questions relating to controversial cases. According to the rules of the House of Commons it is forbidden to criticize a judge unless pursuant to a substantive motion for dismissal. It is permitted to propose adverse comment on judicial decisions providing this does not reflect on a judgescharacter or competence. For explaining the power of causality Judicial reason means that judges must follow the rule of law established in the previous immovable cases of the court of equal status or higher, if they are of the same legal principle and facts.Judicial precedent is a system of law-making by judges rather than by parliament. The decisions made by the judges, called precedents, are utilise as models for future cases. This causes certainty due to the prediction of outcome of a case on which applied previous rules of a similar case however due to discretion of judges to make law and over rule precedents and conflicting rules may also produce uncertainty.The precedents of the Higher courts are binding on lower courts and the court structure is hierarchical and the House of Lords is the highest court. With R v R - rape at bottom marriages - wife no longer a property of husband.A court higher up in the hierar chy in a different later case can set aside a legal ruling established in a previous case. Overruling refers to the ratio of a case and not its decision. It has to be emphasized the