ENGLISH LEGAL SYSTEM

English Legal System

English Legal System

Introduction

This paper will discuss the English legal system and how does it regulated in detail. The origin of the English law as a system is based on common law. In the initial stages of development of the common law, judges sought to create an orderly and coherent system of law and judicial practice by adapting formal system orders. Based on existing practices, the law has been developed by the courts in unwritten codes of court rules, and contained in numerous precedents. With the strengthening of the legislative powers of the parliament, the power is increasingly shifting from the courts to the Parliament, but even today, the courts have not lost their legislative function, although in some areas of law-making, it has become the exclusive domain of Parliament.

Discussion

The main purpose of the development of English law in the early stages was to create a system, which combined an unambiguous interpretation of the law and the predictability of the outcome of the trial. However, achievement of this goal at the time prevented the incompetence and biasness of the judges, who often received their position in society. In contrast, the obstacle was gradually strengthened procedural principle, which recognized the primacy of precedent. Thus, judicial decisions (that directly contains the final decision, in contrast to related comments) became mandatory for use in subsequent proceedings with similar facts. This occur both horizontally and vertically in the judicial hierarchy. In horizontal, single-instance courts were referred to the decision of each other. However, vertically, the trial courts were required to follow the decisions of higher courts.

In the days of the British Empire, the English legal system borrowed the British dominions. Therefore, many of the legal aspects were preserved after the proclamation of independence by the former dominions. Many modern states continue to recognize precedents in English courts. In Australia, for example, judges continue to use the English precedents as compelling recommendations, if their own Australian decisions are not appropriate to the facts of the litigation, or two or more Australian precedents are inconclusive. More intimate connection with English law remained in Hong Kong, where common law is used almost as its own according to the relevant amendments and restrictions.

On the other hand, the United Kingdom has the dualistic position in relation to international law, which means that the courts are authorized to supranational international law only after it is registered in the domestic English law. For example, for inclusion in the English law of the European Convention on Human Rights and Fundamental Freedoms, the Act of the Human Rights was adopted in the year 1998. However, the same law declares the priority of English law, as Article 3 of the Convention obliges judges to consider, but in the end to apply the provisions of the Act, even if they conflict with the provisions of the Convention. In addition, public international law has a significant influence on the English law of maritime trade through international agreements and ...