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Sources and Composition of Legal System in UK

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Added on  2023-04-25

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This article discusses the different sources of law in the UK, including parliamentary, delegated legislation, European law, and treaties. It also explains the composition of the legal system and the role of government in lawmaking. Additionally, the article describes how the court applies law and statute in the justice system and provides an overview of the court structure in England and Wales.

Sources and Composition of Legal System in UK

   Added on 2023-04-25

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Sources and Composition of Legal System in UK_1
Table of Contents
Task 1...............................................................................................................................................3
Introduction......................................................................................................................................3
Main Body.......................................................................................................................................3
Composition of legal system.......................................................................................................3
Purpose of law.............................................................................................................................3
Separation of power.....................................................................................................................3
Jurisprudence...............................................................................................................................4
Protection under the Law.............................................................................................................4
Development of Law...................................................................................................................4
Compliance by the organizations.................................................................................................5
Task 2...............................................................................................................................................6
Introduction......................................................................................................................................6
Role of government in law making.............................................................................................6
How the court apply and statute and common law in justice system..........................................6
Court structure.............................................................................................................................7
List the Judges in English Court..................................................................................................9
Conclusions......................................................................................................................................9
References......................................................................................................................................10
Sources and Composition of Legal System in UK_2
Task 1
Introduction
Law refers as a framework that is implemented by the government, for regulating the country.
There are three separate legal systems of UK, for Scotland, England and Wales and Northern
Ireland. Jurisprudence refers to a practical theory, which enables for understanding the manner in
which judges made the decision. Retribution is the core of the justice system, which deals with
the order and law. Further, Divine law is based on the human nature, which is essential for the
community. Noncompliance of the rules and regulations leads to the imposition of the penalty.
The present study describes the different sources of law, which must be followed by all the
organizations.
Main Body
The composition of the legal system
The establishment is unitary in which legislature in Westminster authorized for law-making
power. From the phase of 1999, decentralization has been provided for making the transfers of
powers from the Westminster Parliament to assemblies in Cardiff (Wales) and Belfast (Northern
Ireland), and the Scottish Parliament in Edinburgh (Alberti, 2016). On the other hand, additional
law-making bodies, for example, the local authorities and transfer assemblies, obtain their law-
making ability from powers which are settled the Parliament in Westminster. In this aspect, a
constitutional convention is an essential unwritten and non-legal source of the foundation
(Gelter, 2016).
Law provides the general safety to the society, therefore it must be clear and unambiguous. In
this aspect, Montesquieu suggests the separation of the legislative, judicial and executive power.
Further, according to Bentham the measurement of right and wrong provide the significant
happiness.
Purpose of law
In the United Kingdom, there is a parliamentary system of supremacy, and with that
Westminster, parliament is the supreme legislative body. The meaning of the policy of
Sources and Composition of Legal System in UK_3
sovereignty of parliament is that the court believes that law passed by parliament take preference
over the common law (Head, 2016).
Separation of power
In the United States, there are three separate branches of power, namely the executive power, the
legislative power, and judicial power. In the executive power, the executive primarily creates and
implements the rules and regulations (Barendt, 2017). In the legislative power, the parliament
builds and alters the law, observe the government and assist the government for making a
financial decision. Further, in the judicial power, matters related to law are solved by
implementing the developed law.
Jurisprudence
Jurisprudence is the significant element of understanding the aspects related to the law,
consisting of how the law was formulated in the past and how it could be altered in the coming
years. By considering the Jurisprudence, nature of the law, reasoning of law and the system of
the law can be understood.
Protection under the Law
Laws are the rules and regulation, which must be complied by society. Laws safeguard the
common public and their rights. It also protects the vulnerable sections of the community such as
disabled person, physically and mentally ill persona and the children. Overall, it assists in the
safety and security of the general public (Bandes, 2016).
Development of Law
When an individual considers that an additional organization or person has done a communal
wrong, they can file a petition in a suitable court. There is a provision in the high court in which
every case is heard by a sole judge. An individual who proceeds with the civil case is known as
claimant, and they have the responsibility to prove that most likely than not, another party did a
civil wrong. Moreover in the situation where the claimant is successful then the common
therapy is compensation, therefore amount is paid to the claimant by the defendant as a
reimbursement (Külcür and Buckingham, 2017).
Different sources of law
Parliamentary
Sources and Composition of Legal System in UK_4

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