English Legal System: An Overview

• This document covers the fundamentals of the English legal system and constitutional law, as of May 1, 2024.

Introduction to the English Legal System

• The legal system of England and Wales has evolved over 1,000 years.
• Some features have remained constant for hundreds of years.
• The system is constantly changing to meet societal needs.
• Key aspects include the distinction between law and morality and the influence of moral and social issues.
• Students will learn to distinguish between public/private and criminal/civil laws.

The Meaning of Law

• "Law" is hard to define due to its many forms and constant evolution.
• It changes to reflect shifts in societal attitudes evident in areas like sexual offences.
• Law sets a benchmark for acceptable behavior, reflecting majority views for enforceability.
• This may incorporate moral issues.

Legal and Social Rules

• Legal rules are part of a system governing daily life activities and personal affairs.
• Social conventions also influence social conduct.
• Enforcement methods highlight different social values; legal rule violations lead to prescribed punishments.
• Fighting in a queue is illegal, while queue jumping only violates social rules.

Law and Morality

• Principles of morality underpin laws
• Rape and murder being crimes.
• One challenge is whose morality to adopt.
• Consensus is hard to find in controversial area like euthanasia.
• Activities can be immoral but not illegal (adultery).
• Or illegal but not immoral (soft drugs).
• Ultimately laws reflect different values across cultures and times.

Types of Legal Rules

• Private law governs relationships between individuals and is enforced by actions in courts (customer v manufacturer).
• Public law involves relationships between individuals and the state and enforcement of standards (criminal prosecution).
• Criminal law addresses relationships between individuals and society (murder).
• Civil law concerns relationships between individuals, excluding community impacts (contract disputes).
• Modern society tends to blur the lines between civil and criminal law.
• Civil law handles contracts and disputes with the outcome measured in remedies or payments, proven on the "balance of probabilities."
• Criminal law involves restrictions on the population, punishment, with "proof beyond reasonable doubt" required.

Civil and Criminal Proceedings

• Criminal cases ("prosecutions") are started by the State, where the victim’s consent isn’t required.
• Civil cases ("actions" or "claims") are commenced by the damaged person seeking compensation tested on balance of probability.

Sources of Law

• Sources include: local customs, judges' decisions, parliamentary legislation, EU law (until Brexit), and the European Convention on Human Rights.
• The UK's exit from the EU is another aspect.
• When referring to "English law", it actually means the law of England and Wales (excluding Scotland and Northern Ireland).

History: Customs and Common Law

• Before the Norman Conquest, regions had customs which were administered by local courts.
• William the Conqueror implemented a system and traveled the country to listen to subjects' grievances.
• Kings literally sat on benches to be a court to render justice. The King's Bench" became the most important court.
• "Itinerant" role delegated, becoming formalized as circuit judges who would use local customs to decide cases.

Development of Common Law

• Judges began discussing cases and used customary rulings.
• A "common" law developed.
• Courts took judicial as well as executive and legislative powers.
• A separation occurred when King's courts divided .
• The doctrine of stare decisis started by using the Judge's prior decision for a given legal problem as legal rule.
• In time judicial precedent became binding rather than simply helpful guidance via the Courts.

Potential Problems that Arise from Common Law

• To begin an action in King's courts, plaintiffs had to purchase sealed letter for "writ."
• No-writ, no-right.
• Inflexibility as a result of only 50 writs as of the 13th century.
• The Statute of Westminster attempted to mitigate the problem in 1285, but it was of limited effect.
• Plaintiffs need to plead only one cause of action.
• Error can result in restarting proceedings.
• "Remedies". Damages were an in-kind option, but they did not stop an action.
• Concept of "trust" unrecognized.
• Mortgages and loss of land.

Equity Development

• Judges had to apply the laws of past decisions, so equity was developed, whereby dissatisfied litigants asked to petition the King to rule.
• Later function was delegated to the Lord and named a court of equity known as the Court of Chancery.

Proceedings Within Equity Court

• Start a case by writing a "bill," no writ was needed. Adjudication using what lord considered "fair".
• Meant rigid rules were not considered.
• Chancellor could develop new rights.
• Cheaper and quicker decisions could occur since natural justice was considered.

Equitable Principles: Examples

• Equity looks on that as done which ought to be done
• He who comes to equity must come with clean hands
• Delay defeats equity
• Equity will not suffer a wrong to be without a remedy

Equitable Rights

• New rights were recognized which were unkown to common law. A law of trusts originated.
• The court intervened to fix abuses.
• Still is it relevant today for private lives, taxation matters and making provisions for dependants. It's import corporations too.

Equitable Remedies

• Injuction compelling performing action or refrain, or a "decree of specific performance" meaning compelling obligations under a contract.

Common Law and Equity Conflicts

• Occurred in some issues in equity. It became more difficult.
• In 1615 James I decided, that in instances of conflict, equity would prevail over common law in "the Earl of Oxford's Case".

Need for Reform Summary

• XIX century courts became as inflexible as common law, due to slow expensive ways to obtain jusice and overall inadequacy.

Fusion of Equity and Law Administration

• Single court structure was created plus merged systems, but procedure as a whole was then regulated. All courts could now grant common law and in-kind relief.

Common Law Today

• A system of different meanings under English Law. Made by Judges from that past or through legislation.

Case Law and The Role Of The Judge

• They did not make law, only decided and were expected to apply those laws to cases in hand
• "Declaratory Theory."

More Recent Times

• Judges have the ability now, particularly in a court of an appeal, that they do in fact make new laws explicitly according to "Lord Browne-Wilkinson."

Legislation overview

• Legislation enacted by Monarch, subsequently later Parliament.
• There are different types including Nuclear Explosions (Prohibition and Inspections) Act 1998 to the Clean Neighbourhoods 2005
• It could be difficult to comply due to tracking requirements.
• Limited power and so on.

Icelandic Law System

• 1,000 yrs ago Reykjavik created the Laws.
• A wise man was to interpret the Laws.

Acts of Parliament Creation overview

• Gov't releases: Green Paper in short for consults and info, or "White Paper."
• Act begins as document or Bill, with debate as essential aspect from where term parliament comes from.

Doctrine Of The Powers of a parliament

• A statute can ammend other common Law. This power is known as parliamentary soveireignty. This can be explained as parliament can make Laws and cannot to be overiden by the outside body from it. A later act can change Laws before that point.

Different Legislation Types Summary

• Public concerns and Public Bills, versus Private Bills: affecting people, and localities .
• It is presumed that Acts will apply throughout England and Wales.
• Consolidation means that re-enacting of Laws formerly in multiple Statutes. They, however, don't add any new content.
• "Codification” is when all laws of a topic are new, it will be bought together, but it could change Law.

Delegation

• Delegated or "Subordinate Legislation" happens from non-parliament entities like "Authorites," but the authority derives from "parent" act.

Advantages of said delegations

• Save considerable time so Minsters have the authority and are responsible for legislation.
• Enable Parliament and other such experts to be useful and quick in emergencies.