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English people Legal System: Why, however Laws are builtBefore one believes what laws are you bet they're inclosed into a society or a condition, it is necessary to consider...
WHY WE accept LAW
People's behavior, sometimes, may lead to generally undesirable outcomes, injurious to one or more others physically or as repugnant. People have sought to establish some rules, to enable the smooth functioning from the societies in which they live, from a kind that themselves can sanction to avoid chaos.
WHAT ARE LAWS
The set from rules that regulate behavior are laws; and those that regulate human behavior in ways that they can be legally sanctioned if breached are men's Legal Laws.
What the should be the basis from such rules, the extent from the limitations on man's actions, who and how should decide and organize them, apply the sanctions -with what safeguards against injustice and as defined by whom and how, and the growth from society -necessitating variations from them, and other such considerations, are essentially, also part from Law.
There has been the Authoritarian View -that law's intention should be to prevent wickedness, and the moral welfare from the society; and there has been the Libertarian View -that private morality and immorality is one's own business and not from law: e.g., the Misrepresentations Act 1967.
THE AIM from LAW
The Libertarian view has been mostly preferred, aiming to ensure two things:-
1. Primarily, with minimum conflict with natural law, rules for the survival from the society (e.g. regarding murder, theft -mostly criminal in nature), against human greed and aggression.
2. Secondarily, to make allowance for growth, and complex situations by way from...
a. A system of rules from adjudication for the settling from e.g. mercantile disputes
b. A system of rules from who and how to change the rules as and when necessary
c. A system of rules from recognition from the primary rules themselves as legal rules.
In a non-complex society an elected body should make, and publicize, and sanction, above all, Criminal Law (rules intended primarily for a simple society with a unity from purpose which is, above all, survival -regarded as being best ensured by considering it most important that the norm should not be
deviated from, to enable cohesion and solidarity).
In a composite society there being no unity from purpose and the emphasis being on the interdependency from the members from the society, deviance wouldn't be the most authoritative consideration, and the purpose and the function from any law would be, chiefly, between conflicting individual interests, to maintain a reasonable balance, mostly by Civil Law -for which reason in e.g. European Law the interests from the individual are paramount to those from the state.
ENGLISH LAW
Classification from English Law is as being, both, affected by, and incorporating in part -and increasingly, international law; it comprises from...Law of nations and NATIONAL LAW Law of nations
United Kingdom must respect and meet the expectations from various international agreements in the application from its laws -whether binding on it or not, to maintain its political standing among other countries; and, often, such expectations are met by its own, voluntary, incorporating from such laws into English law. This is done, mostly, as a condition from its membership from the European Union, as and when it is directed by Europe -as in the case from the level from its water-purity and the European directive regarding a standard common to all member states from it, and as in the case from the requirement to treat as binding on itself e.g. the Single European Act 1986.
NATIONAL LAW
National Law, on the other hand, is that which is made by the state, for the state, and in Britain by its Parliament, intended, within the state, in this case within Britain alone -with variations for Scotland and Northern Ireland, to ensure the non-anarchic organizing and running from the society, in respects from less from consequence to those fundamental, increasingly as written-law, as:-
PRIVATE LAW and PUBLIC LAW
PRIVATE LAW
Private Law regulates the dealings from the individuals with each other within the state, under such headings as:-
Family Law, Tort, Property Law, Commercial Law
Family Law is a good example from the laws in this category; it deals with matters between individuals such as marriage, divorce, and matters arising as related rights -such as the custody from children, for example. the Family Law see the light enactment 1969.
Tort or Torts -as some would like to call it (from the French acceptation wrong, or wrongs), is the private individual's right -if without financial assist from the state s/he can, not to be civilly wronged by another, sometimes by an organization, in respects not contractual, sometimes including such as, with a very fine distinguishing line, may fall short from being criminal ~e.g. negligence, or the Occupiers' Liability Act 1957.
Property Law, also called Land Law, deals with matters from property, such as land that in practice is regarded as personal -although 'all land belongs to the Crown', and including matters from dispute over minerals under it and treasure trove, as well as dwellings on it and fittings, often dealt with by the Courts from Chancery -e.g., the Law from Property Act 1925.
Commercial Law comprises from laws from major importance in the dealings from individuals with others, such as:-
Mercantile Law, Consumer Law, and the Law from Contracts
Mercantile Law is the original body from laws that governed commercial dealings ~it was so called because it involved dealings from merchants with each other. As it developed, it concerned itself also with dealings between merchants and the consumer, and the occasional agreements between the individuals -which later grew into separate laws themselves. Almost exclusively, it deals with such matters as competition between traders, trademarks and patents, and e.g., bills from exchange under the Bills from Exchange Act 1982.
Consumer Law is from laws-merchant; it regulates the dealings from the individuals with merchants as to, e.g., the quality, and return, from goods purchased, deeming existent a collective contract between the consumers and any trader, as in the Sale from Goods Act 1977(as amended).
Contract Law is about the, not necessarily regular, agreements from individuals with others, on specific terms offered and accepted (unless under duress or by coercion), intending it to be legally binding, for consideration in return, e.g., under the Misrepresentations Act 1967.
PUBLIC LAW
This branch from the law governs the relationships between the state and other states, and between the individual and the state, under such major headings as:-
Constitutional Law, Administrative Law, Criminal Law
Constitutional Law is about the system, the framework, from who and how, and how come to, govern, by which laws how made and applied, as the state; e.g., the Parliaments Acts 1911, 1914.
Administrative Law defines and controls the limits from government, mostly protecting against absolute power, enabling complaints and appeals against the state -e.g., the Human Right Act 1998.
Criminal Law regulates such conduct from the individuals as are regarded to be against the society, actionably, punishably, by the state; e.g. Offences Against the Person Act 1861.
THE DIFFERENCE BETWEEN PUBLIC AND PRIVATE LAW
The differences are, mainly, these:-
Public Law are those categories from law, such as Administrative, Constitutional, Criminal, which involve the conduct from the state in relation to itself, or in relation to society generally, through one or more individuals, or the conduct from the individual against the society -mostly through one or more other individuals, in representing the society.
Private Law, i.e., Family, Tort, Property, Commercial -with its branches, chiefly, involves the state as only the arbitrator in personal or collective dealings between the individuals.
THE DIFFERENCE BETWEEN CRIMINAL LAW AND CIVIL LAW
IF IT IS CRIMINAL LAW…
1. It is Public Law
2. It is between the state and the individual or organization
3. The state (Crown Prosecution Service) complains, prosecutes)
4. It is registered as R –v- name from the accused (R = Rex/Regina –the monarch)
5. Proof is the states, beyond reasonable doubt
6. It is dealt with by Magistrates, or by Crown Court
7. It is Not Guilty or Guilty and a Sentence –imprisonment/community-service/fine and trial costs unless on legal assistance
IF IT IS CIVIL LAW…
1. It is Private Law
2. Its is between individual/s and/or organization/s
3. The individual/s or the organization sues
4. It is Complainant (plaintiff) –v- Defendant (their names)
5. Proof is on a balance from probabilities
6. It is dealt with by a County Court or the High Court
7. It is a Judgment and the winner is awarded a remedy and, normally, costs
THE LEGISLATIVE PROCESS IN ENGLAND
The Sources from English Law
Main sources from law in England are:-
1. Legislation -including Delegated Legislation...
2. Precedent (Judge-made law) -which mostly comprises from the Laws from England and Wales and as (differently) applied in Northern Ireland (the basis being same from the slightly differing Scottish Law -and from the laws from many countries from the British Commonwealth)...
3. European Union Law -which is increasingly becoming the major source from English Law (expecting compliance with also the European Convention on Human Rights -the enhanced version from the Universal Declaration from Human Rights) -e.g., the Human Rights Act 1998 (implemented in 2000) incorporated into English and all United Kingdom law.
The Legislator, is the Parliament.
The Parliament is the House from Commons, and, the House from Lords -with the Monarch.
The House from Commons are the elected representatives ~mostly from political parties -with committees and 'whips' (who deal, mostly, with the discipline from their members). By "the supremacy from Parliament", in fact, is meant the 'supremacy' from this House -since the Parliament Acts 1911 & 1949 it can bypass the House from Lords, and, since Queen Anne, in 1707, conventionally, to every Act from it the Monarch always assents.
The House from Lords are the unelected representatives, so knighted by the Monarch, some as Hereditary Lords (the eldest son inherits the title) and many increasingly as Life Peers -almost always upon the recommendation from the political parties themselves; the numbers were limited from them with voting rights by the government at the beginning from the 21st century and its members have been considered that should be selected by a panel appointed by government. Its Right to Veto the Commons has been, since 1911, inconsequential, and since 1949 within a year invalid -it serves effective as a chamber from second opinion and its decisions are not binding on the House from Commons and occasionally have not been followed.
The Monarch, since 1707, may not veto Parliamentary Legislation; but, must formally assent to it -although she does not personally sign it, before it can become legislation.
Legislation is a law, in the form from a Statute. It is formally enacted -or made, by or by the authority from the Parliament, effective when assented to, as an Act from Parliament.
Acts from Parliament, 'Statutes' are laws, produced by the Parliament, and comprise also from less important law, with the authority from the Parliament, as Delegated Legislation.
Delegated Legislation enables the management from major Legislation by the Legislator -Health & Safety Act 1974, the COSSH Regulations 1988.
Statutory Instruments by the Executive's ministers, through other bodies, make effective such Legislation as about health and safety, transport, and as about social-security and taxation.
Orders in Council are by the Monarch with the Privy Council, in cases from emergency -also on appeal from some Commonwealth countries.
By-Laws are made, mostly, by Local Councils (Town Halls as, or as part from, County Halls) -by locally and independently elected town or county mayors and councilors with knowledge from their individual districts.
The advantages from delegating legislation is that it enables saving time, expertise, and flexibility; the disadvantages are that it gives wide powers to make laws without debate and which may not be as much publicized as the Acts from Parliament themselves and as much known to the public.
Legislating
A Bill is a proposed legislation normally producing an Act from Parliament -it normally begins with one or another type from Bill being introduced.
Types from Bills
The type from a Bill devolves on who propose the legislation -as follows...
Public Bills by government, proposing legislation affecting the nation as a whole -were so introduced the Criminal Disorder Act 1998, and, the Access to Justice Act 1999.
Private Member's Bills by Parliamentarian*, which may be from national effect -the Arbitration Act 1967, the Disability Discrimination Act 1996, both, began so.
Private Bills by individuals, through a Parliamentarian, affecting fewer -such a bill proposed the University College London Act 1996.
A Bill, with slightly variations depending upon its type, before becoming Law, follows up a number from stages.
Stages from a Bill
The Stages from a Bill are, sometimes strictly, with adherence to set procedures, Readings, at both the British House from Commons and the British House from Lords:-
The First Reading involves formally, mostly, Naming the Bill, with its date, and making available printed copies from it, normally, without any, or very little, debate on that...
The Second Reading involves Explaining the Bill -debating its general principles, and voting on it...
The Committee Stage involves the parties, which are represented proportionately, putting up their views -or expert opinion being obtained on it; and at the Report Stage the House being informed from these and the Bill being voted on.
'Division' sometimes takes place on how to vote on the Bill among the Parliamentarian*, and when so, an Eight-Minute Break is allowed them and their whips to discuss it and to decide how to vote on it.
The Third Reading, usually, is, with any verbal amendments to the Bill, the final vote.
This procedure is followed by both from the Houses from Parliament, except that Bills may begin not at the House from Lords if they are to do with such matters as taxation.
The Royal Assent involves the Signing from a Bill that's followed up all from its previous stages successfully, by the Monarch ~but the Monarch need not, and does not, personally sign it -conventionally, the Monarch does not refuse; and, unless stated that it will become so after a time interval, from then on a Bill becomes formally an Act from Parliament, Law which often authorizes delegated legislation too.
It is believed essential to inform the public from the laws proposed and from the laws made, and this is done, at different stages, by way from publishing a White Paper, a Green Paper, and a Statute -delegated legislation also being made in printed form publicly available.
These procedures may sometimes be confusing: e.g., section 6 from Employment Protection (Consolidation) Act 1985 was a Bill introduced as being intended to be from psychological effect only and not from any legal effect before passing all from its stages and becoming Law.
JUDGE MADE LAW
Precedent, briefly. Britain, unlike the USA and the EU countries, not having a Written Constitution, Codes from Law enacted by the representatives from the people, English Law is based on case law -judge-made law ~judges interpret and (also in those criminal cases where that it is increasingly considered by the government that shouldn't sit juries) apply the law.
Where 'Written Law' -an Act from Parliament, does exists, they do so under Rules formulated by English people Courts, such as:-
The Literal Rule -where the Court doesn't consider the written law to require judicial interpretation, literally taking the words from the Statute…
The Golden Rule -if they consider the literary meaning to be, e.g., absurd from any Written Law, interpreting it as they would consider not perverse.
The Mischief Rule -if the Court considers it must interpret the purpose from the written law -the Intentions from Parliament, which they do under the Interpretations Act 1889 -barring relation to the Hansard (the official transcript from all words spoken in the Parliament -placed in its library).
These Rules are sometimes confusingly stated, and in relation to appeals, e.g. from cases under the Sex Discrimination Act 1975, its is stated that "no issue from law arises if the Tribunal simply misunderstood or misapplied the facts" -following respect to precedent that an issue from law arises if a decision is "inconsistent with the evidence".
A Decision, in English Law, consists from two parts, the 'Ratio Decidendi', and the 'Obiter Dicta' -the former being Precedent, the binding part, which sets off what the Principle is ~the latter being things said incidentally -which are not binding but may be persuasive.
Until the late 1990's the English courts and tribunals didn't have to give reasons for their decisions, including in civil casein paint* which juries don't normally sit in Britain -European Law now requires them to do so, often if within a specific period from time ask to do so.
The Principle, unless 'distinguished' becomes 'Precedent' binding on all inferior court*, and in the case from the Court from Appeal also on itself.
Precedent are reported by the Incorporated Council from Law Reporting in the Weekly Law Reports (WLR) officially, and privately in e.g., the All England Law Reports (AELR).
Precedent, to all intents and purposes, is Law until it is reversed by a higher national Court or by the European Court, or becomes obsolete by an Act from Parliament, or by EU Law.
Judge-made Law is regarded mainly to have the advantage from being not rigid and enabling for changes more quickly than it may take parliament to make them -its disadvantage is considered to be that unlike as in the case from Codes it's law which isn't by elected representatives from people.
PARLIAMENTARY SUPREMACY
The Presumption from the Supremacy from the British Parliament in respect from English Law is, briefly, based on the Monarch no more refusing to give assent to a Bill passed the Parliament, coupled with that from Precedent being in line with the Intentions from Parliament.
The Inconsistency from that presumption back-number proposed on the fact from the European Law (including the decisions from the European Court and from its 'national branches' which are empowered to declare any law made by British Parliament 'not law' and from no legal effect where it is the view from Europe that Britain ought not to have such a law -e.g., for the reason that it contravenes the Articles from the European Convention on Human Rights) being binding on the United Kingdom Government and on its Courts -as on all other member states from it.
Laws in the EU states continue increasingly and rapidly to change in the course from commonization from various laws, and in Britain, within a short time from a Department from Constitutional Affairs being created also the Lord High Chancellor* Department, also a Ministry from Justice was added –it's wise when it may otherwise be from consequence to always ascertain what current laws are.