ENGLISH LEGAL SYSTEM

English Legal System



English Legal System

Introduction

The English legal system originated in the s. XI, and spread in the countries that were part of the British Empire. Is the set of rules and legal rules unwritten, but sanctioned and collected by custom or law that are the foundation of law in Anglo-Saxon countries.

The system of common law sources is characterized by giving great importance to the jurisprudence. There are branches of law on which there are very few laws and are based primarily on the judgments of the courts. When a law in an area where previously only case, this is worthless, but the law is interpreted strictly, the minimum shifting jurisprudence. The courts are bound to follow decisions of higher courts and themselves in similar cases(Manchester, 2000, 105).

Discussion

General Characteristics

In the UK there is the Constitution as a single legislative act, which fixes the basis of the state system. The legal system is based on the unwritten constitution, drawn from the norms of statutory law (the most important among them - the Habeas Corpus Act of 1679, the Bill of Rights in 1689, the law of succession in 1701, Act of Parliament 1911 and 1949.) common law and the norms that constitute the constitutional traditions(Martin, 2006, 163). British law is the general law (common law), written law (statute law) and conventions. Convention - these are the rules and customs that have no legal force, but are absolutely necessary for the Government. Many of the conventions remained after the historic events that influenced the formation of the modern system of government.

Legislative power is vested in a bicameral Parliament. Authority he Act of Parliament in 1911 endowed a period not exceeding 5 years. The Lower House of Commons elected by universal and direct elections by majority system. It consists of 650 deputies. In turn, the right to sit in the upper House of Lords, is acquired either by inheritance or by appointment of the Queen.

The right of legislative initiatives are members of Parliament, and accordingly the members of the government, as ministers must be members of either House. Priority belongs to the Government Bill: MPs who are not members of the Government may make laws for only one day a week, while members of the government - at any time. Bills can be introduced into the upper and lower chambers, but as a rule, first a discussion in the House of Commons, and then - in the House of Lords.

Control over the activities of government is exercised by Parliament in the following forms: direct questions to members of the government for which ministers give oral explanations of the meetings of the chambers and prepare written answers published in the parliamentary records. At the beginning of each session, the MPs held a debate on the Queen's speech, which outlines the main activities of the government(Manchester, 2000, 105).

Description of English Law

English law developed independently of the rest of Europe after its consolidation as a legal system during the reign of ...