PRINCIPAL POWERS IN ENGLAND & WALES

Principal Powers in England & Wales

Principal Powers in England & Wales

Introduction

This essay seeks to provide a clear understanding to the approach deployed to legal reasoning by judges in the courts of England and Wales. How the judiciary work and how judges implement legal rules as, part of their decision making process. In addition some of these rules will be illustrated and some cases will be mentioned to provide examples and to demonstrate judge's reasoning in decisions. Moreover the relationship between English Law and the judiciary will be very briefly evaluated and the implementation of judge's interpretation and analysis in courts will be justified, as well as judge's authority in the performance of statutes and their unique role in the Common law/Case law. The influence of the Human Rights Act 1998 over English legal system and the judiciary in their decision making process. followed by the conclusion of this assignment.

Evaluation

Without any doubt if anything matters in our efforts to recognise law, it matters how judges do and/or should decide cases. In the past judges used to rely on divine knowledge to resolve cases .the judicial system was a very major supervising experience in the British legal history. In addition under the basic principle of the United Kingdom's constitution, this is known as “the rule of law”. Under the rule of law the judiciary are articulated to deliver their judgements in entirely fair and reasonable manner as well as by applying the rules of law in the decision making process they, do not allow any kind of personal preference or intervention when they decide a case.

Distinctly the judges contribute their time and play very critical and decisive role in controlling the exercises of power and command by the state. They use in particular a course of action which called the judicial review, moreover the legislation on the Human Rights act 1998 considerably increased their authority to influence and control the exertion of the government officials i.e., the parliament and the executive bodies.

There are four major areas of English law which fell in the practical use of the judicial system in England and Wales, they are:

Common law / Case law

Legislation

The law relating to the European Human Rights Act 1998

European Community law.

In our current study we will be focusing on how the judges make uses of these sources and how they deploy their approach to legal reasoning by applying these principles in the courts of England and Wales.

Judges approach to the reasoning in Common law, in words of Hanson, precisely mean “all the laws made by judges relating to England and Wales”.

As from this definition it is clear that it means judges make law but there is a lot of debate among the jurists that whether judges actually make law or they simply declare what the law is. This later approach is called the declaratory theory.

There are different terms used for judge made law such as precedent, case law and ratio etc which will be discussed ...