An Introduction to the English Legal System and its Sources of Law

This assignment provides a comprehensive overview of the English Legal System's sources of law. It begins by outlining the three branches of government: the legislature, the executive, and the judiciary, and explains the doctrine of parliamentary sovereignty. The assignment then delves into the various sources of law, including statute law, secondary legislation, EC law, ECHR law, case law, custom, books of authority, and quasi-legislation. Each source is defined and explained, providing examples and context. The role of law reform, including the Law Commission and other bodies, is also discussed. The document concludes with a summary of key concepts and learning objectives, offering a clear understanding of the structure and operation of the English Legal System. The assignment cites relevant legal texts and provides a strong foundation for understanding the legal system and its sources.

English Legal System
Sources of Law
Introduction to the branches of government
Relationship between legal authorities

 The three branches of government in England and Wales
are:
1. The Legislature
2. The Executive
3. The Judiciary
Institutions and doctrines in the
English Legal System

 It is the legislature’s role in the constitution to make the law
 Traditionally the legislator may have been an individual, the King or
Prince who made the laws for his subjects
 In England from the middle ages onwards Parliament became the
legislature for the country as a whole
 This reached its classical expression during the Reformation when
the King or Queen-in-Parliament was held to be the highest and
most important law-making institution
The Legislature

 The sovereignty, or as it is sometimes expressed, the
supremacy of Parliament, reached its classical formulation in
the writings of Professor Dicey in the 19th Century
This means that Parliament in traditional constitutional theory can
do whatsoever it likes
The Sovereignty of
Parliament

 The executive in this country is the Crown whose functions are exercised
through the government, in particular by the Prime Minister
 The executive also comprises the wider organs of the State with executive
authority such as the police, the civil service and local authorities
 The definitions given to public authority vary from on area of public and
European Law to another
 It is important to realise the State, and hence the executive, can have a
much wider definition depending on the context in which it is regarded
 The executive proposes and enforces the law
Executive

 The Judges’ function is to apply the law in the cases which
come before them
 Whether judges make law is a more moot point
 However, it is fundamental that the judges should be
independent of the executive
 The Judiciary can sometimes come into conflict with the
executive
The Judiciary

 Statute Law
 Secondary or Delegated Legislation
 EC Law
 ECHR Law
 Case law
 Custom
 Books of authority
 Quasi-legislation
Sources of Law in the English
Legal System

 Also referred to as Acts of Parliament or primary legislation
– many may already be familiar to you
 Health & Safety legislation or the Licensing Acts for
example
 Traditionally regarded as the highest form of law because
of the supremacy or sovereignty of Parliament
Statutes

 As well as primary legislation passed by the United Kingdom
Parliament there is also secondary legislation or delegated
legislation
 This is made by a body or authority outside Parliament using
powers conferred on them by a specific Act of Parliament
 Governs complicated and technical areas which Parliament
does not have time or knowledge to deal with
Secondary Legislation

 The law of the European Communities is
increasingly an important source of English
Law
EC law

 Incorporated into English Law by the Human Rights Act
1998 – effective from 2nd October 2000
 Separate lecture will deal with the form of incorporation in
more detail
 Note: that legislation must be interpreted as compatible with
Convention Rights as far as this is possible
 The Convention rights protect fundamental human rights
from abuse by the State
European Convention on Human
Rights

 Case law is a very important source of law in the English
Legal System because of the doctrine of judicial precedent
or ‘stare decisis’, let the decision stand
Case law