The Main Sources Of English And Welsh Law

Legislation is a law or a couple of laws made by the government and finalised by the parliament. The parliament decides whether the legislation is good enough or needs improvement.

There are committees that examine proposals put forth by the European Parliament; these committees are there in both the House of Lords as well as House of Commons. This allows the parliament of UK to prepare and amend their own laws in a manner so as to be able to bring UK in line with rest of the European Countries.

To consider each principles power and their own basis within the British constitution, the rule of law needs to be defined too, but this is somewhat harder to do as it has no set definition. Different theories have attempted to define it though, and most agree with the Diceyan definition.It states that the rule of law contains three core elements - one, the law is absolutely supreme, two, everyone is equal before the law, and three, the Constitution may be found in the ordinary laws of the state.

Primary law is used to determine the legal outcome of a dispute. The four sources of primary law include the United States Constitution and the constitutions of each state, statues passed by congress and by state legislatures, regulations created by administrative agencies, and case law. (Miller 2) Constitutional law is the highest power of law that is upheld by the United States Constitution, and includes constitutions that vary from state to state. Statues are laws that are set in place by a legislative body as opposed to the laws that have been set in place by the constitution. Ordinances are a part of statutes and can be set in place by municipal zones

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

3) Lawyers in the 17th and 18th centuries (called 'institutional writers ') wrote books setting out the principles on which Scots law is based. Many of these principles were based on Roman law. Lawyers in Scotland today still look at what the institutional writers said about the law and apply these principles to modern day situations. Their authority is always less than that of legislation and case-law, and so the court must always apply the legislation or the binding precedent in the event of a conflict.

Even though much of our legal philosophy inherited from Britain and French customs, new laws form, old laws change, and the common law and

Laws are critical to every society in every country and in Britain we have three main varieties of law at work; statute laws, European laws and common laws.

The English law were based on the common law or the case laws which were developed by judges during the course of various court decisions. Common law derived when judges in court applied legal precedent to the various cases before them to come out with judgements.

The unitary system of government in England and the Netherlands, the courts are not given the power of judicial review. The law of the land is what the elected parliament declares it to be. The reason for England choosing this position is because with a unitary government the

For many centuries the House of Lords was the supreme court of appeal for the entire UK in civil cases and for England, Wales and Northern Ireland in criminal case. There are three types of legal system in the United Kingdom and these are executive, government and legislature; one each for England, Wales, Scotland and Northern Ireland. There was a time where Scotland, Ireland and later Northern Ireland retained the Acts of Union in 1707 and 1800.

Common law - that part of the English law not embodied in legislation. It consists of rules of law based on common custom and usage and on judicial court decisions. English common law became the basis of law in the USA and many other English-speaking countries.

Exploration of English Law In English law, there is no formal separation of public and private

of user in Land Law are still good law. Custom law can still be used

In the English Law system, the effect of legislation remains statute in force until they are repealed. (R v Ducan, 1994). The application of legislation is ambiguous.