Sources of the Law in England and Wales
Introduction
Sovereign Body of Parliament has created the legislation in England and Wales. The sovereign body is three-layer legislation in which Queen plays a formal role, House of Commons creates legislation, which is referred as statues, lastly, the House of Lords, which acts as a supreme court in English law. English Law is one of the largest written laws in the world, and many countries have referred English Law to construct their law, and that is why the law of other European countries are quite like English law. The court uses different rules of construction to interpret legislation and to or ascertains Parliament’s intention. Therefore, different courts have a different point of view …show more content…
The law may be written by any government authorised body and any state or national legislature to govern the people. States law can be codified, which means as per the subject matter, the law can be appeared in codes. This arrangement makes the law organised and precise. Statutory Law also called Private Law, as the law framed under the statute can be limited to small group or specified population. The motive behind the private law characteristic is to affect only to specified group or individuals.
Statues are the most crucial aspects and basic elements of the English law. These are proposed in the parliament, where debate on the proposal takes place, and when the majority of members vote and sign,then it becomes statue. Enforceability of statute is ensured by the administrative branch of the government, who are liable to monitor the enforceability of statue, as well. Amendments in parliament law are made by passing of statue. Punishment for offense and crime can also reviewed and amended under the statutory law. Consolidation is also an impressive characteristic of Statutory Law, which means different statutes are consolidated under one statute without making any changes in the law. Insolvency Act, 1986 is an example of such consolidation of a statue. Quick change in law is possible by passing a statute that other laws are not able to change …show more content…
Fundamental rights of the citizens of Europe are internationally recognised and as a binding bond in the English Law. United Nation has also used the European Convention Law on Human Rights to develop unity across the globe. 6
External sources of law in England and Wales and their impact on the Internal Sources European Union Law is the external source of law in England and Europe, as the law is based on the treaties of European nations. Treaties are the fundamental law of European Law. European Union Law has been aimed to bring uniformity in law across all the member nations of European Union. As per the treaty, European Union institutions can frame laws in the form of directive principles and regulations. If any conflict arises between the domestic and European Union Law, the European Union Law possesses the supremacy over the domestic law, and the European Union Law overrules the domestic law. Another external source of law in England and Wales is the European Convention Law on Human Rights and protocols. Like European Law, this law also override the English Law, which overrules the English Law, where any conflict or contradiction arises between these two
Introduction
Sovereign Body of Parliament has created the legislation in England and Wales. The sovereign body is three-layer legislation in which Queen plays a formal role, House of Commons creates legislation, which is referred as statues, lastly, the House of Lords, which acts as a supreme court in English law. English Law is one of the largest written laws in the world, and many countries have referred English Law to construct their law, and that is why the law of other European countries are quite like English law. The court uses different rules of construction to interpret legislation and to or ascertains Parliament’s intention. Therefore, different courts have a different point of view …show more content…
The law may be written by any government authorised body and any state or national legislature to govern the people. States law can be codified, which means as per the subject matter, the law can be appeared in codes. This arrangement makes the law organised and precise. Statutory Law also called Private Law, as the law framed under the statute can be limited to small group or specified population. The motive behind the private law characteristic is to affect only to specified group or individuals.
Statues are the most crucial aspects and basic elements of the English law. These are proposed in the parliament, where debate on the proposal takes place, and when the majority of members vote and sign,then it becomes statue. Enforceability of statute is ensured by the administrative branch of the government, who are liable to monitor the enforceability of statue, as well. Amendments in parliament law are made by passing of statue. Punishment for offense and crime can also reviewed and amended under the statutory law. Consolidation is also an impressive characteristic of Statutory Law, which means different statutes are consolidated under one statute without making any changes in the law. Insolvency Act, 1986 is an example of such consolidation of a statue. Quick change in law is possible by passing a statute that other laws are not able to change …show more content…
Fundamental rights of the citizens of Europe are internationally recognised and as a binding bond in the English Law. United Nation has also used the European Convention Law on Human Rights to develop unity across the globe. 6
External sources of law in England and Wales and their impact on the Internal Sources European Union Law is the external source of law in England and Europe, as the law is based on the treaties of European nations. Treaties are the fundamental law of European Law. European Union Law has been aimed to bring uniformity in law across all the member nations of European Union. As per the treaty, European Union institutions can frame laws in the form of directive principles and regulations. If any conflict arises between the domestic and European Union Law, the European Union Law possesses the supremacy over the domestic law, and the European Union Law overrules the domestic law. Another external source of law in England and Wales is the European Convention Law on Human Rights and protocols. Like European Law, this law also override the English Law, which overrules the English Law, where any conflict or contradiction arises between these two