Analysis of the English Legal System: Doctrine, Precedent, and Policy

This report provides a comprehensive overview of the English Legal System, focusing on the doctrine of precedent and how courts adapt the law to meet changing social times. It explores key concepts such as ratio decidendi, obiter dicta, and the roles of the House of Lords and Court of Appeal. The report examines techniques of distinguishing, reversing, and overruling, along with the role of policy in legal decision-making. It delves into how doctrine, a set of rules and regulations developed through common law, guides court decisions, and how principles like precedent and equity are applied. The analysis includes discussions on the processes of law development, including the creation and application of Obiter Dicta. The report further outlines the significance of House of Lords decisions, Cof A expectations, and the impact of government policies and regulations. The conclusion emphasizes the government's role in policy creation and the responsibilities of different court levels in ensuring justice and welfare within the legal framework. This analysis offers a detailed understanding of the English Legal System's core components and their practical implications.

English Legal System and Method

Table of Contents
1) Doctrine and how court adapt the law to meet changing social times........................................1
2) Doctrine and their principles.......................................................................................................1
3) Ratio decidendi and cases............................................................................................................2
4) Obiter Dicta and process to develop the law...............................................................................2
5)H of L 1966...................................................................................................................................2
6) Cof A expections.........................................................................................................................3
7) Techniques of distinguishing.......................................................................................................3
8) Reversing and overruling.............................................................................................................4
9) Role of policy..............................................................................................................................4
10) Conclusion.................................................................................................................................5

1) Doctrine and how court adapt the law to meet changing social times
Doctrine is known as the set of rules and regulations and it is developed through the pattern
in the common law. Under this, on the legal cases court take right decisions. There are some
rules and regulation are created by the judiciary for the specific case and process that can be
followed under doctrine(Mitchell, Ring, and Spellman, 2013). In the legal cases, the government
should stop providing effective decisions. Furthermore, under the common law on of the
principal is the doctrine of precedent. Various types of rules and policies for the public is decided
by government authority. While in the common laws some rules are fixed related to the benefits
that are provided to an individual as all the rules are fixed and it should be followed. There are
different approaches that are followed with respect to make laws for meeting the changing social
times. Certain strategies are followed for meeting the needs of peoples, For instance hearing the
fact from different parties review the similar case which handles previously and review a
legislation after all this process decision for the particular case is made.
2) Doctrine and their principles
It is a set of rules and regulation that must be strictly followed by the people. There are
different types of policy and procedure that are made by the government and then it is passed to
the court with respect to implementing it as a law and used in making the decision in different
legal cases. Before making any decision, the court goes through all the approaches that are
relevant to the case and then make appropriate decisions. There are different types of principles
such as precedent and power of equity (Öztekin and Flannery, 2012). Through making effective
decision government help people in meeting their needs and wants. Different types of rules and
strategies are followed by the court for making effective decisions. As per the principle of the
power of equity, it is important for the government to prepare different rules and regulations
equally for all types of people. The further decision in the court only takes by the judge after
proper analysing the case and its aspects. Through setting effective rules and regulation, it
provides benefits to the people as they are treated fairly in the society which helps them in
meeting the challenges in social times. On the other side as per the principal of precedents judge
make the decision after analyzing the previous cases which are similar to it. Through reviewing
the previous case it becomes easy to build new rules and regulations which help in meeting the
needs and demand of people in society.
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3) Ratio decidendi and cases
Ratio decidendi is a process in which different decision are identified on the basis of points
which are kept by both the parties in the court. There are different ways and arguments of both
the parties need to analyze with respect to make the appropriate decision. Along with this right
process need to be followed for the legal cases. After analyzing the entire case decision need to
compare so that any party does not get dissatisfied with the decisions (Robertson, 2012). There
are many similar cases such as property case etc on which viewpoints of both the party need to
take and then come on one decision. For instance, in the case of murder court make the decision
after listening to the view and argument of the victim. On the other side to solve another criminal
case judge first check the criminal record and then make appropriate decisions. However, if the
court has similar case and is unable to identify victim then they need to use different types of
strategies such as gathering the information related to the case and taking views of all the parties
that are linked with the case. As it helps in making appropriate decisions. Further, there are
many effective rules and regulation under the doctrine that help in making the right decision for
the specific case..
4) Obiter Dicta and process to develop the law
Obiter dicta can be stated as additional information which can be used in the case for
making decisions. These types of information can be a suggestion, the opinion of others related
to the particular case. It is in the form of document which covers all the additional information
related to the case (Reddy, 2014). Furthermore, there are different types of methods with respect
to creating effective obiter dicta. For instance, as per the case of Hedley Byrne they work as an
advertising agent who places order in the absence of the client, further in respect to protect
themselves from avoiding to carry out work in the wrong manner, he asked his banker to obtain
credit reference. One of the main topics in this case is that Headly Byrne claim failed. In such as
condition court make the decision to provide profit in some circumstance such as for trust
between parties, strong relationship between both the parties. Therefore, parties need to prepared
document that consists of additional information (Ramos, 2014). As this document is known as
Obiter dicta which help judge in making a decision for the particular cases
5)H of L 1966
House of Lords 1966 is known as the higher level of the house on the parliaments. In this
different laws and policies are made for peoples. Further different types of laws are prepared and
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the process is created as because it is the upper house in the parliaments. The government makes
different proposal and past them to parliament for approval. Here the role of parliament is to
analyze the proposal and then declare it as a law. There are different types of strategies that need
to use for goods and act laws. In the house of lords, the membership is submerged from the
peerage and made up of lords’ temporal and lords spiritual. House of lord has authority to make
decisions and to come up with new laws. Along with this, they have right to depart the decision
which they had made in the previous section. As it does not affect any legal cases and
presidential values it is so because all the courts need to follow the decision that is taken by
supreme courts. The decision can be easily modifying by the house of lords which is taken by the
court in any previous cases. Apart from this, there is some limitation for the house of lord as it
member cannot directly avoid the decision which is made by another court. As they need to
identify the case and points that are considered in the case on the basis of which decision is
made. Along with this judge has the power to make the decision after properly analyzing the
cases. There are different types of process that are followed in respect to create different laws
and policies for the peoples (Öztekin and Flannery, 2012).
6) Cof A expections
In this government, roles are to provide proposal documents and it lead to includes plan and
different policies. They have right to propose different types of laws for the welfare of society’s
(Mitchell, Ring, and Spellman, 2013). Cof A expectations provide different types of acts and
procedure that help in making the effective decision. These types of laws are prepared in respect
to protect the interest of people and to provide them some benefits. Apart from this court listen to
the view of both the parties and analyze the case properly with respect to identify the party that is
considered as faults.
7) Techniques of distinguishing
For distinguishing the case and to analyze the factors there are different techniques that can be
used by the courts. Two types of constraints are such as the ratio of the previous case and new
cases. For instance, Silk v Myrick facing issues of the consideration, therefore, it is suggested
that they can use new technologies such as rapid diagnostics. It is because with the help of this
judge can find out the factors that impact the decisions (Mitchell, Ring, and Spellman, 2013).
The right solution is needed to find out by the court on the basis of arguments that are present in
the court by both the parties. Apart from this, there are different types of traditional rules which
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can be followed with respect to make right decisions. The pre-duty principal is the techniques
that can be followed by the courts. However, there are different types of techniques that can be
applied for distinguishing as some of them depend on the types of cases (Martin, 2012).
8) Reversing and overruling
There are various level of court and each of them different ways are used for respect to make
appropriate decisions. Two main types of processing is known as reversing and overruling as
both of them are effective. In the reversing approach decision can be changes by the higher court
which are taken by the lower level of court on the basis of arguments (Haigh, 2015).. It is
because higher court have power to make right decision on the basis of prof and arguments
presented in the court by both the parties. Further higher court used different types of process for
making changes in the lower court decisions. Case moved in the higher court if any of the party
is disagreed with the decision made by lower courts as they give application in higher court in
respect to get justices. On the other side in overruling court cannot change the decision which are
made by the lower court s if the identified any barrier in the decision. High court role is to takes
effective decision and provide justice to the people but they cannot overrule the decision of
lower court without any legal action (Chung, Kim, Park and Sung, 2012).
9) Role of policy
Government has made different types of rules and regulation for the benefits of the people,
they transfer their proposal to the parliament and there are different types of process are followed
by the parliament to create an effective laws and legislation (Barkan, Bintliff and Whisner,
2015). There are different level of courts and they have to perform various set of responsibilities
for the benefit of the peoples. Different types of policy are made by the government so that
people can apply in court if the face any type of difficulty because of other parties. It made easy
for people to carry out their activities and make deal with other party without any fear of
misconduct, For example as per the law and policy if any company sale low quality product to
customer or cheat them, then consumer have right to sue in courts for getting justices (Asongu,
2014).. Policy is known as the rules and regulation which ever person who lived in country
should follow them. Therefore, it shows that they provide benefit and for welfare of society. The
role of the government is to only create the laws and it send it to parliament where they decide it
should be implement or not.
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10) Conclusion
Government play significant role in respect to develop different set of policies and rules
for the welfare of peoples. Further all the laws and regulation which are proposed by the
government are passed by the parliament. There are different level of court and the have some
responsibilities such as to make appropriates decisions. Ratio decidendi is a process in which
different decision are identify on the basis of points which are kept by both the parties in the
court. Further it is concluded that in reversing higher court have right to reverse the decision
made by the lower court. If an individual is not satisfied with the decision of lower court then it
can give its application at the higher court for getting justice. further house of lord has power to
pass different laws and legislation. Further they can also reverse their laws which are used in the
court previously.
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