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EC1012 Introduction to Law

Published : 01-Oct,2021  |  Views : 10

Question:

a) Evaluate the sources of the English Legal System in the order of their importance, giving appropriate examples for each type of source identified.

b) Examine the impact of Brexit (once UK leaves or exits the European Union) on the constitutional sources of the United Kingdom.

Answer:

a. The sources of the English Legal System 

The English law is applicable in the consistence of the Great Britein and Northern Ireland, which control the main four countries England, Wales, Scotland and Northern Ireland. The English legal System has applied mostly in the United Kingdom and other parts are covers in rest of the countries. The basic source of the English law depends on the four principals, which are legislation, common law, European Union law and the European Convention on Human Rights (Slapper and Kelly 2013).

The source of law defines the actual origine of the law, which is governed by the human conducts. It describes the legal premises with the legal reasoning in internationally, nationally, religiously or regionally. The legal sources of the law helps in refer to the sovereign or state where directly it consisted with the force or validity.

According to the English legal system, Jurisprudence has make the various factors which helps to develop the legal contribution in the sources of law. The sources has consisted with the human rights, legal customs, natural and legal rights, common rights, civil rights and Divine rights where most of the laws are derived from the unwritten sources. Under the English legal system, Canon Law is a form of religious law which is only applicable in the practice of the religious issues. In the modern days, the written laws have derived through the charter, constitution or through the treaties, which are applicable in the legislations, rules and other codified sources (Cownie, Bradney, and Burton 2013).

As per the English legal system, the International sources it deals with the International treaties and European Community Law. The government legislations, the Internationals Convention and Treaties have found more codifies and ratified for the application of the law. Under the International Convention, it sets a number of treaties, which includes Hague-Visby Rules in Carriage of Goods by Sea Act 1971, Salvage Convention in the Merchant Shipping Act 1995 and many more. The Council of Europe’s European Convention on Human Rights is enforced by the statutory principles of ECHR in Strasbourg (Slapper and Kelly 2013).

Under the European Community Law is enforceable with the statutory of the EC law where it controls the precedents, treaties, treaty provisions, decisions, regulations, defectiveness and decisions. The Court of Justice of the European Union has the binding precedent where it legislates with the EU treaties according to the supremacy of the law.

According to the classification of the legal system, it depends on the race, geography, religion, language or official ideology where it deals with several substantive features for concentrate on the public and private laws. The common feature and the structure make the relations with the government entitles. The legal legislations has derived for the purposes of the different law governing duties like property, their testaments, marriages, contracts and other private legal purposes (Alcaraz and Hughes 2014).

For the written constitution, it provides the structure, which helps to application and controlling through the internal ethnic, linguistic, and religious differences and other aspects in the population. It also restricts the improper legal system, which are against of the illegal activities. The constitutions, which are necessary in for drafting the new legislation, always deals with the preoccupations and priorities according to the different cultures. In the constitutionals addressing it deals with the Bill of Rights according to the practice of executive in the international law (Slapper and Kelly 2013).

For the adoption and amendment, the constitution deals with the modern relativities theories.  In the Parliamentary Council and the basic law both represents the assemblies all over in UK. In between the methods in the legal system, the constitution helps in the techniques, which approved the legislations according to the activities through the people for a referendum. For the political and legal importance, it deals with the constitution for the amendments of the law. The common method in the Federal System the legislations make the similarities with India and other Commonwealth countries in the world. For the parliamentary system it deals with the alternative voting system which mostly common in Italy, Denmark and Finland. For the amendments system between the legislation and people it always requires the common amending power.

According to the British Constitution, it makes the impacts with the ordinary law, which sometimes forms conflicts with the constitutional amendments according to their particulate statues. The Constitution is different where the act of Parliament is processed with same way as any other legislation (Alcaraz and Hughes 2014).

In the judiciary system, it deals with the judiciary separation power, which is operated through out in England and deals with the legislation in the highest court of the country. The Lord Chancellor is the speaker in the highest court and they are operated through the judicial system. In the judiciary system, the judges are independent and irremovable. However, for the judicial operation, sometimes the issues have been found to between the constitution, courts and the legislation (Cownie, Bradney and Burton 2013). In England, a court has right to investigate the validity of the applicable statute unless it make conflicts with the law of the European Community. It is the same according to the process in Scottish courts, which has examine through UK statutes for the similarity with the Act of Union 1707.

For the emergency powers, the constitutional commitment plays an important role for the commencement on the Bill of Rights. It helps to create the structures in the urgent situation for the application of the emergency acts. The executive powers are able to exercise the rights in the emergency actions. In addition the emergency powers sometimes may not able used to subvert the legislations and Bill of Rights. According to the UK the parliamentary law and the statues always depends permits of the government according to proclaim of the state of emergency. The special power helps to deal with the national threats to the countries and provides the securities internationally. The emergency power set the statues for the national level application of the legislation, restricts the freedom of association, and confers wide powers improving the national securities, which releases with the application of the annual renewal by Parliament (Cownie, Bradney, and Burton 2013).

The Human Rights is one of the important part in the sources of the law where the statutory constitutional protects the rights of the Human. The law helps to protect the rights, which express by the Human. It provides the freedom to speak, freedom to write and freedom to the press. The rights must not violate the integrality of any person. There is no person who can violate the rights or derive the liberty, life or property without due process of law. In such legislation of the authority, it helps to protects in every area of the law. In every environment the Human Rights protects the human in the sectors of education, employment and other area. The Human Rights Act protects people from discrimination, which includes race, sex, disabilities, gender, religion, marital status, nationality and many more. The provision on where the human rights activate the entitlements against all the odds. The Human rights act is connected with the executive and Judiciary system, which used to form the statutory framework for the protection of the rights (Cownie, Bradney and Burton 2013).

Under the judiciary system, the development of the legal system helps in the provision on the substantive features. Apart from the other laws the Common law and the Civil law is one of the part in the sources of the English Legal system. The Common law has started the journey in England first. Then the law makes the difference through the application of the ancient Civil laws (Alcaraz and Hughes 2014).  

b. Impact of Brexit on the constitutional sources of the United Kingdom

Bertixt is one of the prospective terms of withdrawal in the United Kingdom (UK) from the European Union (EU). On the referendum, the British government deals with the participating UK electorate according of the Article 50 of the Treaty on the European Union (Henderson et al. 2017). The UK joins in an agreement with the European Communities for the formation of the membership where the UK Independency Party joined in the agreement along with the Eurosceptic Conservative Party members (Barnard, 2017). The United Kingdom (UK) is set to have a referendum by the end of 2017 on whether or not to remain in the European Union (EU). This so-called in and out referendum may well result in Britain’s exit from the EU, colloquially known as ‘Brexit’ (Barnard, 2017).

This Clingendael Report identifies and elaborates three different scenarios describing how Brexit might affect upon European security and defense, with a specific emphasis on the role of the EU. They have used the Brexit for the impact on the defense uses in EU. This process not made any harm or loss in the application of such integrity in European Union. The Brexit made the impacts on the Civilian power on the Europe Redux. In the strategic planning, the dictum, which has formed, the EU terms the acknowledgement where the capabilities of the civilian superpowers make the application (Henderson et al. 2017).

Reference: 

Alcaraz, E. and Hughes, B., 2014. Legal translation explained. Routledge.

Barkan, S.M., Bintliff, B. and Whisner, M., 2015. Fundamentals of legal research.

Barnard, C., 2017. Law and Brexit. Oxford Review of Economic Policy, 33(suppl_1), pp.S4-S11.

Clarke, H.D., Goodwin, M. and Whiteley, P., 2017. Brexit: Why Britain Voted to Leave the European Union. Cambridge University Press.

Cownie, F., Bradney, A. and Burton, M., 2013. English Legal System in Context 6e. Oxford University Press.

Gaillard, E., 2014. Transnational Law: A Legal System or a Method of Decision Making?. Arbitration International, 17(1), pp.59-72.

Haigh, R., 2015. Legal English. Routledge.

Henderson, A., Jeffery, C., Wincott, D. and Wyn Jones, R., 2017. How Brexit was made in England. The British Journal of Politics and International Relations, p.1369148117730542.

Huxley-Binns, R., Martin, J. and Frost, T., 2017. Unlocking the English legal system. Taylor & Francis.

Slapper, G. and Kelly, D., 2013. The English Legal System: 2012-2013. Routledge.

Stanhope, A. and Hutchinson, O., 2014. Optimize English Legal System. Routledge.

Wincott, D., 2017. Brexit dilemmas: New opportunities and tough choices in unsettled times. The British Journal of Politics and International Relations, p.1369148117725316.

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