English Legal System Overview

Introduction

• This module explores the English legal system and its contemporary implications.
• Key topics include medical law, ethics, human rights, crime, family law, environmental law, and company law.
• The module encourages critical analysis, debate, and the application of ethical principles.
• Students are expected to check SurreyLearn daily, review their personal timetables, and be aware that seminar rooms may vary weekly.

Structure of the Module

• The module's structure examines the English legal system and its methods of law creation.
• Key aspects covered include statutory interpretation, the court structure, and the distinction between public and private law.

Aims of the Module

• To gain a comprehensive understanding of the foundation of the English legal system, including the distinction between public and private law.
• To identify the roles of Parliament and the courts in the system.
• To differentiate between civil and criminal law, and to understand the specific courts and remedies associated with each.
• To comprehend statutory interpretation and the functions of various courts within the justice system.

English Legal System

• Established to ensure the institutions and bodies create and manage a just system of law.
• Key principles include equality, accessibility of the law (ignorance is not a defense), independent judiciary for fairness and impartiality, and checks and balances through Parliament, courts, civil service, media, and public scrutiny.

Branches of Law

• The English legal system distinguishes between public and private law.

Public Law

• Regulates how public bodies (like the government) interact with individuals and ensures fair treatment.
• Shapes the structure and operations of public bodies.
• Example: Criminal law.

Private Law

• Addresses disputes between individuals and private entities.
• Aims to provide remedies (compensation) for victims, rather than punishment of offenders.
• Example: Family or property law.

Criminal vs Civil Law

• The legal system contains separate branches with different purposes.
• Criminal law aims to punish offenders, while civil law seeks remedies (like compensation) for victims.
• Each branch has its own procedures and standards of proof.
• It's possible for both criminal and civil actions to be pursued simultaneously in certain cases.

The Creation of Law

• Laws are primarily derived from two sources: statutes (Acts of Parliament) and common law (judge-made law).
• Statutory law is created through a process where bills are introduced in the House of Commons or Lords.
• After agreement from both Houses and receiving Royal Assent, the bill becomes an Act of Parliament.
• Common law is built on precedents set by court decisions.
• Equity supplements common law by offering remedies when common law is inflexible or insufficient.

Parliamentary Sovereignty

• Parliament holds supreme legal authority in the UK and can create or abolish any law.

Separation of Powers

• This principle divides governmental power into three branches:
  • The legislature (Parliament): Makes the laws.
  • The executive (Crown and Government): Implements policies and enforces laws.
  • The judiciary (courts): Interprets laws and ensures adherence to proper processes.

The Rule of Law

• Lord Bingham (2010) outlined key elements of the Rule of Law:
  • No one is above the law: The law applies equally to everyone unless objective differences justify different treatment.
  • Accessibility: Laws must be readily accessible and understandable.
  • Certainty: Laws should be clear and predictable, allowing individuals to plan their actions based on them
  • Acting fairly: Government officials must use their powers reasonably, in good faith, and within the limits of their authority.
  • Effective legal process: The state should provide accessible and cost-effective ways for people to resolve legal disputes. Justice should not be delayed or excessively expensive.
  • Fair trial: Individuals have the right to a fair trial when their legal rights and responsibilities are at stake. Judges must be independent and impartial.
  • Fundamental rights protection: The legal system must provide robust protection of fundamental human rights.

Checks and Balances

• The legal system employs various checks and balances, creating a balance of power.
• Examples include the ability of the House of Lords to challenge the government's proposed legislation (e.g., the Crime Bill).
• The UK's membership in the European Union (until 31 January 2020) also played a role in checks and balances.

Statutes

• Key points about statutes:
  • Bills are introduced in Parliament, with the majority being Public Bills, while Private Members' Bills are proposed by individual MPs or Lords.
  • Private Bills focus on specific individuals or organizations, while Hybrid Bills combine public and private aspects.

Common Law

• Common law, also known as case law, is a system of legal precedent.
• Its creation is based on past judicial decisions.
• Parliament generally only legislates on the issue when it deems it necessary.
• Notable example: the law of negligence.
• Benefits of common law: adapts to societal changes and reflects evolving values.

The Case of Donoghue v Stevenson (1932)

• This famous case laid the foundation for the common law of negligence.
• Involved a woman who found a snail in her ginger beer, leading to a lawsuit against the manufacturer.

Precedent and its Application

• Judicial decisions from higher courts are binding on lower courts (precedent).
• This creates consistency in the application of the law.
• The common law evolves to address changing social values and practices.
• The ratio decidendi (reason for the decision) in a precedent is binding, while obiter dicta (statements made "by the way") are persuasive but not binding.

Equity

• Equity provides a legal remedy when common law is inadequate or inflexible.
• Common law primarily relied on money damages as a remedy, while equity introduced other remedies.
• The Judicature Acts of 1873 and 1875 consolidated both law and equity.

Jaffa Cake Example

• Illustrates the use of statutory interpretation.
• The Tribunal's decision on whether a Jaffa Cake is considered a cake or a biscuit depended on various factors:
  • Ingredients
  • Texture
  • Marketing (where it's displayed in shops)
  • Packaging
  • Eating habits
  • Staling properties
  • Size.

Statutory Interpretation

• The process by which courts interpret the meaning of legislation.
• Judges aim to understand and uphold the will of Parliament.
• Quotes Donaldson J (Corocraft Ltd v Pan American Airways Inc 3 W.L.R. 714): "The interpretation of statutes is a craft as much as a science..."

Approaches to Statutory Interpretation

• Three major approaches are used by the courts:
  • The Literal Rule: Uses the literal meaning of words.
  • The Golden Rule: Allows broader interpretation when the literal rule leads to absurdity or inconsistency.
  • The Mischief Rule: Examines the reason for the law's creation (the mischief) to resolve ambiguity.

Seminar 2 Preparation

• Read Chapter 4.2 of the Legal Skills book, available on SurreyLearn/ Course Materials/ Digital Textbook Bookshelf.
• Watch the short presentation on "The Court Structure" available on SurreyLearn/ Panopto.

Useful Resources

• Parliament website: https://www.parliament.uk/
• Justice website: https://justice.org.uk/wp-content/uploads/2015/09/Law-for-Lawmakers-FINAL.pdf