Essays on English Legal Systems Case Study

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The paper "English Legal Systems" is a good example of a law case study.   The English legal organization is one of the best legal organizational in the globe in terms of competence and efficacy. This is because the organizations are based on three strong concepts namely: Parliamentary sovereignty; The separation of powers; The rule of law. In short, parliamentary sovereignty depicts the lawmaking preeminence of the UK Parliament. This means that there are no restrictions save for self-imposed limit on the capacity of the House of Commons, the House of Lords and the Crown to pass laws in the UK.

The UK Parliament is the primary source of UK law. Since the House of Commons, the House of Lords and the Crown are not restricted on their capacity to enact new laws, the legal system is usually flexible implying that new laws can be enacted whenever and wherever a need arises. This makes the system efficient in that it can respond to any situation through these enactments (Slapper & David, 2008). Separation of powers The separation of powers makes the legal system more efficient. The separation of powers describes the idea that there is some level of independence in the operations of the various functions of roles of government and can be best be seen in the responsibilities of Members of Parliament and the House of Lords which is the legislature, the cabinet which is the executive and the judges who compose the judiciary.

This separation is significant particularly to the operations of an effective democratic government since it literally provides a check and balance structure that avoids the concentration of too much state power to the hands of a single group.

The new Supreme court which is set to be in operation very soon will obviously and visibly reinforce the constitutional division between the legislature and the judiciary, essentially by removing judges from the House of Lords(Slapper & David, 2001). The present discussion on the separation of powers is centered on whether in practice, too much power in the legal system rests in the shoulders of the executive. The judiciary thus cannot remain biased to any particular class or group of citizens (Slapper & David, 2008). The rule of law The rule of law makes certain that there is fairness at all ranks of the legal organizations.

It ensures that the legal systems exercise equality to all citizens whether a white, middle class, high class or the common man on the street. It ensures that the making of the law, its interpretation, and its applications are not taken for granted. In fact, ‘ Rule of Law Resolution’ by the International Bar Association states that the rule of law is the basis of a civilized community.

It creates a transparent procedure available for everyone and equal to all citizens. It ascertains that standards of liberation and protection of the citizens are followed. Although the rule of law does not necessarily imply that everyone obeys it, its existence in a modern democracy ensures that most citizens observe the laws. This further makes the English legal system very effective (Eysenck & Gudjonsson, 2002). The rule of the law is thus involved with the regulation of the legal relationship between citizens and between the citizens and the state. It also stipulates the procedures in which the law regulating the relationships can be enforced and administered.  

Bibliography

Barnett, H. 2008. Constitutional & Administrative Law. London: Routledge-Cavendish

Eysenck, H. & Gejdenson, G. 2002. The causes and cures of criminality. New York, Springer.

Slapper, G. &David K. 2008. The English Legal System. London: Routledge-Cavendish

Slapper, G. & David, K. 2001. Sourcebook on the English legal system. London, Routledge.

Wasek-Wiaderek, M. 2000. The principle of "equality of arms" in criminal procedure under Article 6 of the European Convention on Human Rights and its functions in criminal justice of selected European countries: a comparative view. California, Leuven University Press.

Zander, M. 2007. Cases and materials on the English legal system. Cambridge, Cambridge University Press.

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