LMLS ASSESSMENT LMLS Assessment



LMLS Assessment

Question 1: Central Features of Common Law

There are many central features of the Common Law. The most important aspect is that it has a representation of the law of the courts that is interpreted during the judicial verdicts announced by the courts. There is a need of a proper reason in order to make a decision on the cases have a strong dependence on the precedents established by the past decisions in comparison with the civil law system. This feature is also dependent on the statutes and the prescribed texts. Other than the judicial precedents, there are some other features as well of the

Common Law which goes through the trial by the jury and the doctrine related to the supremacy of the law. Originally, the concept of the supreme law meant that the king was also not above the law. At present, the acts of the Government agencies go through the scrutiny period when the legal proceedings are carried out during the case (Steilin, 2011).

The Judicial precedents have their sources from the Doctrine of Stare Decisis [which states stand by the decided matter] which basically refers to the previous decisions of the highest court in the jurisdiction that have binding on all other courts in the jurisdiction. However, the varying conditions make most of the cases inapplicable apart from those situations where the analogy concept is applied. The court tries to make best efforts for utilizing the concept of law and not to provide any uneasy judicial experience to the people. The Common Law provides flexibility to the people and slightly a degree of stability. Though, it is necessary to make some changes in the English Common Law in order to meet the needs of the society. The relationship between the increased legislation and the judicial supremacy must not produce a negative impact on the Common Law application. Therefore, these are the central features of the Common Law which carries immense value (Gough, 1985).

The second part of the question was to provide explanation on the assertion that England has a Common Law tradition. It is a fact that the England has a Common Law tradition and its legacy is also quite old. The scope of the English Common Law is not facing any threats but the improvements are needed in order to meet the present day legal requirements in the country. Therefore, the assertion is correct that the England has a Common Law tradition.

Question 2: Constitutional Principles of Parliamentary Sovereignty

This question is concerned with the way the Constitutional Principles of Parliamentary Sovereignty and the Separation of Powers produces an impact on the role and function of judges. The Parliamentary Sovereignty is one of the leading core principles of the UK constitution. The origin of the doctrine is very old and also has a relationship with the legacy of the Divine Right of Kings. In the past, the concept of monarchy had the complete political power but Civil War that took ...