English Legal System Assignment (Solved)
Added on 2020-01-28
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CONCLUSIONANDSELF-REFLECTION1
TABLEOF CONTENTSCONCLUSION....................................................................................................................................3REFLECTION.....................................................................................................................................4REFERENCES.....................................................................................................................................62
CONCLUSIONEnglish law is the common law legal system that exists in England and Wales and it alsocomprises of criminal law and civil law. English law has no formal codification and it is made byjudges who apply statue and legal precedent. English law has an evolving history dating from theAnglo- Saxons (Barak, 2007). A unique attribute of English law is the doctrine of judicialprecedents whereby the reported decisions of the court forms a binding source of law for futuredecisions. According to HRA, 1998 rule, there are four traditional methods such as literal rule,the golden rule, the mischief rule and purposive approach. In the study, purposive approach hasbeen used which is a statutory and constitutional interpretation under common law courts thatfurther also interpret the enactment of the law’s purpose (Picciotto, 2007). It is also regarded as aderivation of mischief rule which is being set in Heydon’s Case and that is also intended toreplace the mischief rule. Purposive approach is usually utilized when the courts use extraneous materials from thepre-enactment phase of legislation (which includes early drafts, committee reports and whitepapers). From the discussion, it is revealed that purposive approach involves a rejection of theexclusionary rule (Huxley-Binns and Martin, 2014). From the study, it is clear that Lord Denninghad made a significant role in organizing new purposive method in which he took decision to putin the spirit of law. It has several liberal methods which helps in statutory interpretation inspecific cases. Hence, it can be said that it has an important role in the judgement of Europeanlegislation that has been established for the purpose of applying European law. The court ofjustice of European Union also sees many things while observing specific cases (Elliott andQuinn, 2008). Hence, in this legal system, it is crucial to include a theory of statutoryinterpretation which holds the phenomenon that a court should consider the purpose of includingthe piece of legislation. It is also ascertained that domestic judges are required to apply the purposive approach allthe time while applying a piece of EU law (Fenton-Glynn, 2015). Another instance has beenobserved in the case of Maunsell v Olins [1975] AC 373. Since, it is a flexible approach;therefore it gives the judges greater scope to develop the law in line with the Parliament’sintention. From the analysis of studies, it is identified that purposive approach is a mixture ofdomestic rules which embraces the use extrinsic aids. It further also assists in finding3
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