Essays on Main Sources of Law in England and Wales Case Study

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The paper "Main Sources of Law in England and Wales" is a perfect example of a business case study.   The UK is made up of mainly England and Wales. Both England and Wales have different contents in terms of their laws, professions, and institutions (Adams 2014, p. 77). Nonetheless, the main sources of law are the same in all jurisdictions. Laws in the UK or England and Wales come from three main sources including case law, legislation, and European law. Moreover, the country also relies on European Union law and the European Convention on Human Rights.

The main reason for the numerous sources of laws is the fact that the UK is made up of different countries such as Wales and England. Nonetheless, England and Wales share the same legal system that includes laws passes by the parliament. The following paper aims at discussing the main sources of law in England and Wales. England and Wales are administratively identified as one jurisdiction meaning that the same laws are used in courts throughout. The first source of law comes from parliamentary procedures through legislative powers of the government.

Many governments such as the UK have three arms of the government including legislation, judiciary, and the executive. England and Wales are also governed by the same structure that allows the UK parliament to make, pass, and amend laws in England and Wales. According to Adams (2014, p. 57) in history, common law was founded on English law. However, legislation is the most significant source of law where laws are well developed, and passed through a specific procedure and later becomes the binding laws on the citizens of the UK.

The UK parliament develops the English legislation, which is based on the Act of Parliament. The Act of Parliament is based on the doctrine of parliament’ s sovereignty. Acts of parliament also comprise of statutes developed through the parliamentary process. These statutes are what courts recognize and apply them literally based on the natural and original meaning of words. This means that courts or judges ensure the interpretation of parliamentary statues even if their outcomes are unfair. Moreover, as a sovereign institution, the UK parliament can pass any law on any subject to the laws or rules of statutory interpretation. Another feature of the legislation source of law is delegated legislation.

Delegated legislation is considered a subordinate law source because is develops its authority through the main Act of parliament. Such legislation is offered to institutions or persons to develop certain rules and regulations that must imitate limits or extents described in the main Act of Parliament or meet the requirements of the powers. Parliamentary Acts in England and Wale are subjected to statutory interpretation in terms of operating away from then delegated powers.

Delegated legislation takes the form of numerous types. The orders in Council describe the body or process of making laws or rules during times of emergency. Ministerial regulations or the statutory instruments are powers developed from the parliament acts for ministers to include details of laws where an act has developed the main terms or general terms. Lastly, by-laws also take the form of delegated legislation where laws are passed by local authorities. The ability to develop general terms and allowing professionals to fill in the details is a significant advantage in the legal system.

Nonetheless, delegated legislations receive increased influence from bureaucrat groups or bodies as well as unelected groups or institutions.

References

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Michelle, 2014, [online] Contact Law. Available at: http://www.contactlaw.co.uk/blog/general-legal/what-are-the-sources-of-uk-law-99297.html [Accessed 4 Nov. 2014].

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