PRECEDENT AND STATUTORY INTERPRETATION

The Advantages and Disadvantages of Precedent and Statutory Interpretation in the UK Legal Systems

The Advantages and Disadvantages of Precedent and Statutory Interpretation in the UK Legal Systems

Introduction

The Common Law system, essentially based on judicial precedent, has a unique extension. Originally arose in England , which is still preserved as the most pure and authentic Common Law, but later, under the colonial system was extended to the then British colonies and in most of them, gaining independence later , remained the same system of Common Law, which governs overall today in the United Kingdom except Scotland , Canada except in Quebec , Australia , New Zealand , for the most part of India and United States , unless the Louisiana , which is governed by the French Roman system.

The name of the common law system is derived from the English medieval conception of law which was exclusively administered by the courts of the kingdom, which, for lack of comprehensive written laws, apply common customs (English, 'Common') that were known, or accepted throughout the kingdom.

Discussion

The Laws of the Westminster Parliament are called "Act", while drafts or bills are called "bills". These bills can be submitted by a member of either of the two Houses ("Private Member's Bill") or by a Minister of the Government ("Government Bill"). Each bill must overcome various stages in each of the chambers. The "first reading" is a formality. In the "second reading" discusses the general principles of the project and the House may determine that it does not continue on. After that, the bill is sent to a committee (Jacob, 2012, pp. 35-68). The committee discussed the draft article by article, giving it moving, as amended, to the House, where it will again take into consideration. At this point, there is the "third reading." In the House of Commons cannot be performed and any modifications at this stage. In the House of Lords that it is still possible.

Advantages

In this sense, Ronald Dworkin said "A lawyer is taught to analyze the laws and judicial opinions to draw from these official sources legal doctrine. That was taught to analyze complex factual situations to accurately summarize the essential facts. And it teaches you to think tactically, to design laws and legal institutions which produce certain social changes decided in advance."

The 'European Communities Act, 1972, in connection with the previous course, permitting the production of "Orders in Council" and "Ministerial Regulations" in order to implement Community obligations assumed by the United Kingdom in developing the Treaties, provided this does not involve the imposition of new taxes, retroactive measures or sub-delegation of legislative powers.

The "Regulatory Reform Act" of 2001, finally, allows the UK government to develop a "Order" to modify an Act of Parliament in order to eliminate trade restrictions, provided that a "necessary protections." The great power that is left in the hands of the Government through this instrument measurement requires consultations with interested organizations and the imposition of a more rigorous way of obtaining the ...