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July 22nd, 2010 | 
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The English legal system
Before you consider that laws and how they behaved in a society or a situation is deemed necessary. . .
why we LAW human behavior sometimes results generally undesirable, harmful physically to one or more lead as a repellent. People have tried to create rules that allow the proper functioning of societies in which they live, a guy who can even sanction to avoid chaos.
What laws are
The rules that govern the laws of behavior and those that govern human behavior of a way that they can be punished by law, are injured when the laws of man law.
What should be the basis of such a system, the extent of restrictions on the actions of man, and who should decide the organization, and they apply sanctions, to protect against injustice and defined by whom and how, and business growth necessary variations, and other such considerations are, in essence, which is also part of the law.
It was the authoritarian law profile that the intention should be to prevent evil and moral good of society, and it was the profile libertarian and private morality and Immorality is a private company and not the law: for example, The Wrong Law 1967th
Point libertarian view was chosen primarily to ensure two things: –
1 Firstly, with a minimum of conflict with natural law, rules for survival society (eg in relation to murder, theft, usually criminal in nature) against the greed of man and aggression.
2 Second, the allocation for growth, and complex situations across. . .
a. A decision system for resolving commercial disputes E. g.
b. A system, by whom and how to change the rules as and when necessary
v. A system of recognition of primary rules themselves legal rules.
In a society komplexen nicht-an elected body should, and, and to issue sanctions, especially criminal law (rules first for a single company with a unit goal before principally intended, will best ensure the survival, taking into account that it is very important that the standard does />
be lifted to allow the cohesion and solidarity) is considered.
In a complex society, there is no unity of purpose and /> emphasis on the interdependence of members of society would not be the most important factor is the deviance, and purpose and function of a particular law would be conflicting interests between individuals, to maintain a reasonable balance, particularly through the civil law are for any reason, such as Academy of European Law in the interest of the individual decisively, to the state.
Classification of English law as both cause and inclusion in the party and, increasingly, the international law, he understands. . .
international and national law
Britain to respect and respond to expectations of various international agreements in the application of its laws, is genuine or not, to get on his political position among other countries, and often these expectations are fulfilled by our own voluntary inclusion of these laws in English Law . This usually occurs as a condition of membership in the European Union, as and when directed by Europe as in the case of level of water purity and the European Directive on a standard for all Member States it, and as in the case of the obligation of 1986, as binding on them, for example, the simple agreement European law.
national law, on the other hand, is what the State for the State, and the United Kingdom’s Parliament, has determined that, in the state, in this case in England alone, with variations for Scotland and Northern Ireland, the non-anarchists and operation of society in terms of less consequence of this, wrote always free how
private and public law
PRIVATE
law regulates the relations of individuals with each other in the state, under headlines such as: –
family law, the civil law, property law, business law
family law is a good example of the laws in this category, it deals with issues between individuals, such as marriage, Divorce and affairs, which, as related rights, such as childcare, for example, the 1969th Family Law Reform Act
Tort Torts, or as some prefer ( Appeal from the French word bad, true or false), the person deprived of the right where, without government support, can he / she so does not happen not to be civilly by another evil, sometimes an organization in contractual terms, sometimes differ, as with a very thin line, barely covered by criminal ~ e. g. negligence, occupiers 1957th Liability Act
property law, also known as the Land Law, deals with property issues, as the land is in practice so personally, even if “all land is considered the” crown, and also when dealing with the dispute over the mineral and beneath it a treasure as well as apartments and valves that are often handled by courts of chancery, eg The Law of Property Act 1925th
business law includes laws of great importance to human interaction with others, such as: –
< , br /> commercial law, consumer law, and the Law of Contracts
commercial law is the organ of origin of the laws that govern business ~ it was so called because they involved transactions of the traders themselves. As he developed also touched on the relationship between retailers and consumers, casual and agreements between individuals, who later became the laws themselves are almost exclusively in the fight against problems such as competition between retailers, brands and patents, and E. g., change in the Bills of Exchange Act of 1982.
Consumer Law is a law-merchant, governs the relations of individuals with business, for example, quality and back, purchased goods, the current appearance of a collective agreement between the consumer and any merchant, as in the Sale of Goods Act 1977 (as amended).
contract law is about, not necessarily regularly, with the intention of the individual agreements with other specific terms have been proposed and accepted (except under duress or through coercion) that would be legally binding for the examination, for example, under the Act 1967th False
< br />
PUBLIC LAW This branch of law regulates relations between the state and other states, and between individual and state, under these important positions such as: –
constitutional law, administrative law, criminal law
constitutional law on the system, the framework, by whom and how, and how they come to rule, by which laws are made and applied as to how the State, for example, parliaments Acts 1911, 1914.
law defines and controls the administrative boundaries state, primarily to protect against absolute power, so that complaints and appeals against the state-e. G., The Law on Human Right 1998.
< br /> Criminal Law regulates this type of behavior of individuals are considered punishably against society actionably be by the State, for example, offenses against the person Act 1861st
The difference between public and private law
The differences are mainly the following: –
; public law are the categories of law as constitutional and administrative law, criminal law concerning the conduct of the state in relation to themselves, or in relation to society in general by one or more persons or the behavior of the individual against society, mainly by one or more other persons, representing the company.
private law, namely, family, tort, land, commercial and its branches, in particular, is to the state as the sole arbitrator in personal relationships between individuals or collective.
The difference between criminal law and civil law
if it is criminal …
It is a public
2 is located between the State and the individual or the organization
3 The State (Crown Prosecution Service) complains continued)
4 It is also the name Rv registered, the accused (R = Rex / Regina King)
5 The evidence is unequivocally
It sixth with judges or the Crown Court Treaty
seventh is not guilty or not guilty and a sentence -imprisonment/community-service/fine and legal costs, except the /> < , br /> IF IT mutual civil …
It is a private
2 ITS between the individual / s and / or organization
3 person / s or the organization complained
4 It is appellant (plaintiff)-v-defendant (name)
5 The proof is based on a balance of probabilities
It sixth with a county court or the Supreme Court deals
This is the seventh of a verdict, and the winner receives a cure and generally costs />
ENGLAND sources of English law, “br />
main sources of law in England are: –
/> 1 legislation, including subordinate legislation…
2 Back (case law)-which includes most of the laws of England and Wales and how (differently) in Northern Ireland (along with the base a little different applied Scots law and the laws of many countries of the British Commonwealth)…
3 Law of the European Union, which is increasingly the main source of English law (which should accede to the European Convention on Human Rights, the enhanced version of the Universal Declaration of Human Rights )-e. G., the Human Rights Act 1998 (implemented in 2000) incorporated into English law and the entire United Kingdom.
The legislature is the Parliament .
Parliament, the House of Commons and the House of Lords, with the monarch.
The House of Commons is the elected representatives of ~ especially political parties with committees and “whips” (which many, especially with the discipline of its members). By the “supremacy of Parliament”, in fact, the “domination” of this goal, the actions of the House, is possible to bypass Parliament in 1911 and 1949, the House of Lords and the Queen Anne, 1707, conventionally, for each act he always agrees with the monarch.
The House of Lords are not elected, namely the monarch knighted, as some hereditary peers (the eldest son inherits the title) and many others as a life peer, always quick on the recommendation of the political parties themselves same, the figures were within their right to vote by the government in the early 21th Century, and its members were regarded as limited, should be done by a group selected to be appointed by the government.’s veto of House, was founded in 1911, inconsistent, and since 1949 in a valid year, it is actually a room on the second opinion and his decisions are not binding on the House of Commons, and sometimes have been ignored.
The monarch since 1707, can veto parliamentary legislation, but must be formally approved, but he did not personally sign it before it can be legal.
The bill is a law in the form of a law. It is formally adopted, or was made or by the authority of Parliament to take effect if agreed, as an act of Parliament.
Acts of Parliament, “laws are” laws made by Parliament, and also include the right of lesser importance, with the authority of Parliament and delegated legislation.
delegated legislation allows the management of important legislation of the Health and Safety Act of Parliament in 1974 Regulations COSSH 1988th
< br /> regulations by the executive, ministers, other agencies, effective legislation such as health and safety, transportation, and how social security and taxes.
;
Orders in Council by the monarch with the Privy Council, in an emergency appeal from certain Commonwealth countries.
werden, laws enacted primarily by municipalities (municipalities, as, or as part of County Hall) locally and independently elected city or municipal mayor and aldermen of the knowledge of their own districts.
benefits of transfer of the legislation is that it saves time, expertise and flexibility, the downside is that extensive powers to make laws without debate and may not be so long as the laws of the public the Parliament itself and how much is known among the general public.
legislative
A bill proposed a plan, usually an Act of Parliament, it usually starts with one or the other type of bill introduced.
types of bills
Type a bill depends propose legislation to…
public statute by the state legislation proposed that the nation as a whole have been introduced and the Criminal and Disorder Act 1998 Access to Justice Act 1999. Bill
private member by the members of Parliament, which can make national the Arbitration Act 1967, the Disability Discrimination Act 1996, both of which she started.
bills by private individuals, by a member of Parliament, concerning less as a bill proposed by University College London Act 1996.
A bill, with slight variations depending on the type before the legislation goes through several stages. ” , br />
Stages of a Bill
Stages of a bill, sometimes severe, with respect for procedures, readings, both in the House of Commons and the House of Lords are set: –
The first formal reading includes, most name the bill, with its date, and provision of copies printed, usually with no or very little discussion…
The second reading debate on explaining the general principles of the bill, and they vote …
The committee stage is to political parties are represented proportionally share their ideas and opinions will, and is at the stage of the House report this information and bill voted on.
“Division” Sometimes the way you vote on the bill among members of Parliament and, if so, is an eight-minute break, they and their whips allowed it to discuss and decide how the exchange rate.
The third reading is usually an oral amendment to the bill, the final vote. ” br />
This method is by both Houses of Parliament, except that invoices should not start followed in the House of Lords, if they do with such things as taxes.
The Royal Assent has signed a bill that has passed all previous stages of the monarch, but the Monarch ~ not necessary and should be personally signed, classically the monarch does not refuse, unless otherwise indicated after that time interval, and from there to a formal bill of a law passed by Parliament, the law, often delegated to the law approved. ” br />
It is considered important for the public on the bill and made the laws, and this is done in several stages, with the publication of a White Paper, a Green Paper and status – the subordinate legislation published in print form.
This method can sometimes be confusing: for example, Article 6 of the Employment Protection (Consolidation ) Act 1985 has introduced a bill intended to be the psychological effect and not only the legal effect, before moving all its stages and become law.
case law < , br />
previous runs. Great Britain, unlike the United States and the countries of the European Union, which is not adopted a written constitution, law books by the representatives the people is the right English on a common interpretation of law-Richter ~ judges, and (also based in criminal cases where more and more government, not to sit on juries considered) d enforce the law.
If “written law” is an Act of Parliament, they do so according to the rules of the English courts, as formulated, for example: < br /> –
The literal rule, the Court did not examine the statute to judicial interpretation, the letter words of the law …
;
The golden rule, they consider the literary sense, for example, the absurd is no written law that they interpret as they are not regarded as perverse. ” , br />
Mischief Rule, if the court believes it has the purpose of the statute, the intentions of Parliament, under Act 1889 Limitation interpretations Reference Hansard (the official transcript of all words spoken in Parliament to interpret placed in his library).
These rules are sometimes given confusing, and in respect of appeals for example in the case under the Sex Discrimination Act 1975, which stated that “no question of law, if the Court had simply misunderstood or misapplied the facts” following reference to precedent, that the problem law, if a decision “does not arise on evidence. “
A decision in English law, is in two parts,” legal assessment “and obiter dicta”-the first being a precedent, the mandatory part, which states that the principle ~ it is declared by that way and are not binding, but can convincingly.
Until the late 1990s, English />
The principle unless “different” is “binding precedent for all lower courts and in the case of the Court of Appeal also in place.
above will be by the Council of Law Reporting included in the weekly reports of Laws (WLR) reported officially and privately, such as the All England Law Reports (AELR) .
precedent for all practical purposes, is the law until a higher court or national of the European Court, reversed, or is exceeded by a law passed by Parliament or the law of the European Union.
, judicial legislation is the main advantage of not rigid and therefore quicker to change than to Parliament to enable them to do their disadvantage is otherwise considered to have that as in the case of the code is law, not by elected representatives of the population.
Parliamentary sovereignty
The presumption of the supremacy of the British Parliament as part of English law is, in fact, data on the basis of the monarch is no longer refuse to give approval to a bill by Parliament, coupled with this precedent, according to the intentions of Parliament.
The inconsistency of this hypothesis is the fact of the Academy of European Law (including decisions of the European Court and national branches, which has the power law by the British Parliament are declared to have been offered “no law” and without legal effect, if it considers that the United Kingdom in Europe should not be such a law, such as have, for the reason that the cons Articles of the European Convention on Human Rights), forcing the government of the United Kingdom and its courts, to which all the others.
laws in States of the European Union strengthened and to change rapidly over commonization different laws, and the United Kingdom, within a short time by a Department for Constitutional Affairs, in addition to the Lord Chancellor’s Department has also created a Ministry of Justice been recorded, it is wise, if it be otherwise the result will always know what are the laws in force.