ENGLISH LAW

English Law

Introduction

Source of law - a special legal term, which has three values: strength, which forms the legal norms, the conditions that contribute to the emergence of legal norms, the source of knowledge about the law, that is, "container", which contains legal provisions. Force, which creates legal rules are public (the people) and the state. The primary source of the state and the right is the people. The society was originally formed in need of some legal norms are social norms. People - the source of the government - establish a national body. Public authorities objectify the will of society - issue regulations, which must reflect the will of the people and backed by the coercive force of the state. (Frantzen, 1997, 43)

1. Outline the four main sources of English law and the areas of law with which they are mainly concerned.

Conditions that contribute to the emergence of the law are:

•Economic development of the state;

•Property relations;

•Political system (including relations with regard to state authority);

•Awareness of the law society;

Previous experience in lawmaking, as well as legal and political doctrine, and doctrine.

"Capacity", which contains the legal rules (and therefore acts as a source of knowledge about the law) is the official state document. This document is the source of law in the formal-legal sense (the form of law). The main forms of law (sources of law in the formal-legal sense) are:

• Legal practice;

• Legal precedent;

• Law or regulation;

• Regulatory agreement

Legal practice - the most ancient and archaic form a source of law. A distinctive feature of legal custom is that it authorized the state. Consequently, not every practice - legal and acts as a source of law. Legal becoming the most used, well-known, recognized, stable, and approved by the State customs. State gives such a custom binding and turns them into an official state document. These documents (legal practices) were common in the era of the Ancient World and middle Ages. (Garnett, 1996, 171)

Legal precedent - decision of a judicial body, which became a model for subsequent decisions on similar cases. This initial decision stands not as a recommendation, but as a mandatory rule to guide judges considering similar cases in future. Legal precedent yaatyastsya one of the main sources of law in the Anglo-Saxon legal family - UK, USA, Canada, Australia, New Zealand, etc., with a significant role in lawmaking are the judges ("Judges are doing right", "Right is what people are saying about it judges "). (Gillingham, 1995, 53)

Legal act - a formal legal document issued by the state (government authorities), which contains the rule of law, which has an obligatory character and backed by the coercive force of the state.

For legal and regulatory acts include:

Constitution (Basic Law);

Laws;

By laws

Act is the main source of law in the Roman-Germanic (continental) legal system. Regulatory agreement also ranked among the sources of law. Law treaty acts directly, regulates the most important public relations, and serves as the basis for other regulations. Examples of regulatory instruments are the Treaty on the Formation of the ...