English law
English Law is derived from three main sources. Parliament is the Sovereign Law making source in the United Kingdom.The Government of the day introduces new legislation for debate, modelling and subsequently voting on via The House of Commons and The House of Lords. Successful legislation is passed to The Monarch to receive The Royal Assent, thus becoming National Law.Such Law takes precedence over law from any other source, though since The United Kingdom's membership of the European Union in 1972 this principle has been compromised, as explained later.This Statute Law begins life as a Bill, a proposal for future legislation based upon electoral promises in a Party Political Manifesto, current political aspirations of The Government, when an urgent response is needed to events which influence Public welfare or Security or in complying with European Legislation. The Bill may be proposed by The Cabinet (Public Bill),for example: the Crime and Disorder Act 1998, or Individual backbench MP's. (Private Members Bills). For example: the Abortion Act 1967 proposed by David Steel. A third type of Bill, a 'Priv
During this process the principle of stare decicis (let the decision stand) grew. For example, in R v Secretary of State for Employment ex parte Equal Opportunities Commission (1994), on the rights of employees, especially female workers, the Government was forced to change the existing law in the Employment Protection (Consolidation) Act 1978. The highest sources of EU law are the Treaties, laying down the general aims of the Community. Thus, in most cases, a Judge followed decisions made by a higher court than his own. Section 2 (4) of The European Communities Act 1972, provided that English Law should be interpreted and have effect subject to the principle that European Union Law (EU), is supreme, thus taking precedence over all sources of domestic law. ate Bill', for example: the University College London Act 1996, allows proposals by Public Authorities / Companies to be brought before Parliament to enact legislation concerning usually, more narrow objectives of the sponsor via a Member of Parliament. For example: Leonesio v Italian Ministry of Agriculture and Forestry Case 93/71 (1973) CMLR 343 66, regarding cash payments to dairy farmers. . With this developed the hierarchy of Precedent. It is this element of the judgment that becomes the Binding Precedent for future similar cases, forming Case Law, binding courts below in hierarchy and sometimes of the same court or of a similar status. Its decisions are binding on all member states. Judges listen to evidence and legal arguments, they then interpret and apply the Law and give a written Judgment explaining the reasons for the decision, (the ratio decidendi).
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Acceptance Essays
