The Sources Of The English Law Essay

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1. Outline the sources of the English Law in the order of their importance. There are three main sources of English Law; domestic legislation, European Union law and case law. Domestic legislation is created by Parliament. Each piece of legislation is an Act of Parliament and is recorded in statute books, with Adams (2010, p.21) stating that “most English law is currently made by, or with the authority of Parliament”. Domestic legislation is the main source of law and arguably most important in the UK, Macintyre (2010, p.15) explains “Parliamentary sovereignty holds that Parliament has the power to enact or revoke, any new law it pleases and that courts cannot question the validity of this law”. This displays that domestic legislation is more important than European Union law as Parliament has the sovereignty to repeal the European Communities Act 1972 and leave the EU. Domestic legislation has shown its importance and demonstrated supremacy with cases like British Railways Board v Pickin [1974] where a claimant’s land had been compulsorily purchased under British Railways Act 1968 but claimed the statute was invalid. The claimant argued that Parliament had been fraudulently misled into passing it. However, the House of Lords, then the highest court ruled that the argument could not be raised in court. The law of the European Union has been a source of UK law since 1973 when the UK became a member of the European Economic Community. European law is next in order of
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