Coursework 1

Coursework 1

Introduction

In civil law, the principles and rules are contained in the codes and statutes that are applied by the codes of the court. Therefore, statutes and codes prevail, while the case law is only a secondary source of law. Moreover, in the system of common law, the law has been predominantly made by judicial decisions, while a conceptual structure is often inadequate. This difference is the result of different role of the legislator in common law and civil law. Civil law is based on the theory of division of powers, whereby the role of legislator is to legislate, while the courts should apply the law. Conversely, in common law the courts are given the main task in creating the law. Despite the fact that the systems vary in the contents of their laws and the institutions and professions which encircle them, the indigenous sources of laws are in fact related in all three jurisdictions.

Legislation has turned out to be the commonest source of new laws or of law reform since around the 17th century. Statutes can be applied to any combination of jurisdictions within the UK, whereas the common law jurisdictions on the other hand are more limited. Contrasting legislation with common law, statutes usually have the power to amend the established common law, but the common law cannot overrule or change statues. This relationship reflects the legal and political doctrine known as Parliamentary Sovereignty.

Statutory Law

The structure of the UK Constitution is based on set of principle and laws under which the country is ruled and governed. The UK does not have single constitutional document like many other nations (Buchanan, 2006).

The highest legislative authority is held by the parliament in the UK. The parliament is responsible for observing and monitoring the works of the government, supporting and debating new laws. The parliament is also called the Legislature. UK parliament forms the underlying part of British Politics and plays following roles:

Challenging and observing the efforts of the government

Supporting and debating all laws (legislation)

Facilitating the government in the collection of taxes

Parliamentary Sovereignty and the UK Constitution

Courts have the designated authority to interpret and derive meaning of statutory law. It should be understood that courts do not have the authority to make law. The laws are made by the elected representatives of the peoples.

The Supreme Court itself has defined "judicial power". The role of our nation's courts in seeing that the laws are interpreted correctly in providing justice to the citizens of the nation remains a key element of our legal heritage. Following is described what the principle powers of the court are, and how the judicial principle of statutory interpretation does engages with interpretive powers of the court.

Principle Powers of the Court & Judicial Principle

The judges are bound by existing law even when its application to particular cases puts questions of interpretation, whose resolution may be controversial. The ideal of the rule of law would seem to be compromised if, in doubtful cases judges ...