Constitutional Jurisdiction of the United Kingdom

The difference between statutory law and common law is that statutory law is a written law where common laws are based on any prior court decisions and are legal binding. For statutory laws the government, state, and local agencies issue written statutes and regulations which eventually become part of statutory law, as for common law it is prior case decisions and rulings that are followed unless a judge finds a big difference in the between the previous case and current case.

The source of law known as a judicial precedent (also known as a common law or case made law) is a form of Law that requires no legislation as it is considered on a case by case basis based upon the principal of ‘Stare Decisis’. The Stare decisis is

When a legislature offers an affirmed legal code, it is then a statutory law. The process of statutory law begins with a proposed bill. Once the bill is passed by congress, it becomes a law. This new statue acts as a primary law and must the followed from then on out. Statutory law differs from common law, which is a law made a judge. "Common law is the system of deciding cases that originated in England and which was latter adopted in the U.S.. Common law is based on precedent instead of statutory laws" (Common Law & Legal Definition). Most common laws are now statues. Stare decisis or 'let the decision stand' is the root of common law. If a court has made its decision on particular case the same ruling will be applied to any similar case that follows. Stare decisis is important because it allows predictability to law. This way, things stay the same, and laws can be more easily applied in cases. However, because new problems are constantly arising, it is also important that the law remain flexible (Beatty, Samuelson, Bredeson 66).

Parliamentary sovereignty is the key stone in the British Constitution. If judges were to make law then they would be contradicting this doctrine. The legislative supremacy disqualifies the courts power to review the validity of legislation, refer to British Railway Board v Pickin . The objective of judges is to not make law but simply declare what the law had always been. Acts of Parliament are the highest form of authority and the courts hands are tied by it. But through the doctrine of precedent, the judicial function of declaring and applying the law has a ‘quasi-legislative effect’.

Under the Civil Law system, the laws are written and codified that the judges have to follow verbatium. Whereas, under the common law system that is followed by Australia, India and the United Kingdom, the laws are codified, doctrine of precedents is followed but the higher courts have the power to over-rule old judgements and existing law in cases where the law breaches the basic structure. (Peterson)

Common law developed in the judicial system of England and its colonies before 1776. Statutory law refers to the body of law that is enacted by state and federal legislatures. Common law is not in any particular form; it consists of quotable statements taken from relevant opinions by prior judges, as well as ancient statutes, and is often summarized in legal treatises. Statutory law is found in the current published laws of each jurisdiction and is relatively concise. Although most states have adopted common law by legislative decree, state legislatures do not feel obligated to pass statutes consistent with common law, and inconsistent statutes supersede common law. Only in areas in which the legislature has not acted does common law serve as the primary authority. For example, the adoption of the Uniform Commercial Code in each state changed some rules of common law previously in effect.

Common law is the system of laws, which originated and were developed in England, that are “based on court decisions, on the doctrines implicit in those decisions, and on customs and usages rather than on codified written laws” (Melvin, 2011). In other words, common law is law that is made by judges not by the legislature. It is law that is based on court precedent and it evolves over time. Statutory law, which is also referred to as statute law “is written law established by enactments

Common law became into effect after the Norman Conquest (A.D. 1066) consolidated their hold on newly won territory. One way was to take control over the legal/court systems. When this happen

First, we as a society still have to add by by common laws; common laws are still in effect but are outdated for certain situations and cases. Common laws need to be reformed. Judges should not have so much power and authorization when it comes to common laws. Judges are capable of coming up with any ruling that they believe is fair; I think common law gives judges too much authority. More importantly, the judiciary is supposed to interpret not, create law. Secondly, the legal system sometimes can be unfair, unsympathetic, harsh, unhelpful, and unreasonable. The system have falsely accused people of serious crimes in result with them having to be hold in confinement, be convicted and go to jail, having to pay fines, or maybe even death. For

This question is spilt into two parts the first part being the different processes which change law need to be examined and the second part being the question that the judiciary does not actively make laws besides in opportunistic ways. To assess these two questions we need to explain the different processes which lead to law reform, a look at the parliamentary system in making laws and changing laws, The judiciary system will be reviewed to look at the impact they have on law reform and how they interpret the laws and set out precedents through their interpretation. Institutions set up by the state such as the law committee have to be looked at their input in changing the law. External institutions such as the EU will need to be examined

This essay will examine the doctrine of Judicial precedent that helps form the English Legal System. It will illustrate various views that have been raised by Judges and relating cases to the use of ‘Stare decisis’ when creating precedents. In addition it will discuss how the developments in the powers of the courts now also allow them to depart from these precedents to an extent.

Question Number or Title: It has been consistently argued that the judiciary in England and Wales is not reflective of society. Critically consider the explanations for the lack of diversity within the judiciary and the extent to which government legislation and initiatives have tried to increase diversity within the judiciary?

Parliamentary sovereignty, a core principle of the UK's constitution, essentially states that the Parliament is the ultimate legal authority, which possesses the power to create, modify or end any law. The judiciary cannot question its legislative competence, and a Parliament is not bound by former legislative provisions of earlier Parliaments. The ‘rule of law’ on the other hand, is a constitutional doctrine which primarily governs the operation of the legal system and the manner in which the powers of the state are exercised. However, since the Parliament is capable of making any law whatsoever, the concept of the rule of law poses a contradiction to the principle of parliamentary supremacy, entailing that Parliament is not bound by the

There are many differences as well as similarities between the civil and the common law judicial

in criminal law and Beckett Ltd v. Lyons [1967] 1 All ER 833 the law