COMMON LAW SYSTEMS VS. CIVIL LAW SYSTEMS. SOURCES OF ENGLISH LAW

Ingls Profesional y Acadmico

COMMON LAW SYSTEMS VS. CIVIL LAW SYSTEMS THE SOURCES OF ENGLISH LAW

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Law systems (Source: Wikipedia. Author: Javitomad. http://en.wikipedia.org/wiki/Civil_law_%28legal_system%29)

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Common law systems (Source: Wikimedia. http://commons.wikimedia.org/wiki/File:Common_law_world.png#file)

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Common law systems vs. civil law systems List of country legal systems:

http://en.wikipedia.org/wiki/List_of_country_legal_systems#Civil_law_and_common_law

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Common law systems - Common law is law developed by judges through decisions of courts and/or

tribunals. It is very pragmatic: the law can be developed on a case-by-case basis and it is not necessary to wait for Parliament to pass an Act.

- Court decisions are considered law (case law) and have the same force as any law passed by Parliament (statutory law).

- Leading cases set a precedent which is binding (=obligatory): the precedent binds future decision on the principle of stare decisis (similar cases should be decided in such a way they reach similar results it would be unfair to treat similar facts differently on different occasions.

- Decisions by appelate courts are binding on lower courts and on future decisions of the same appellate court, but decisions of lower courts are persuasive authority.

Adapted from http://en.wikipedia.org/wiki/Common_law

Not binding

Law passed by Parliament

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Civil law systems - Civil law systems are also called code systems or codified

systems. They write (=codify) law) and apply it.

- There is generally a written constitution as well as specific codes (e.g., civil code, criminal code, commercial code, etc.).

- There is little scope for case law (in practice judges tend to follow previous judicial decisions of the higher courts).

- Constitutional and administrative courts can annul laws and regulations.

Adapted from http://en.wikipedia.org/wiki/Civil_law_%28legal_system%29

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The sources of English law 1. COMMON LAW (custom + case law).

2. EQUITY: formerly administered by the Lord Chancellor. Based on

basic principles of fairness and justice.

3. STATUTE LAW: law passed by Parliament (acts/statutes; statutory instruments or SIs).

4. EU LEGISLATION + INTERNATIONAL AGREEMENTS (must be formally incorporated into English law before courts are obliged to apply them; e.g. European Convention on Human Rights and Fundamental Freedoms ECHR-, 1950 Human Rights Act 1998).

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COMMON LAW

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Common law THERE IS NO STATUTE MAKING MURDER

ILLEGAL. It is a common law crime, so there is no written Act of Parliament making murder illegal.

Common law, however, can be amended by Parliament. Example: murder carries a mandatory life sentence today, but

previously allowed the death penalty.

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STATUTE LAW

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Statute law Also enacted law

Written laws or legislation passed by Parliament.

Types: (1) Acts of Parliament (statutes) (2) Delegated legislation (Statutory Instruments or

SIs: ministerial orders, regulations, rules, local bye-laws, etc.). Approx.3,000 each year.

On the increase the last few years.

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Statute law Legislation since devolution (the moving

of power or responsibility from a central government to a local government) forms several separate entities: United Kingdom legislation: applies to the

whole UK. Scottish legislation. Welsh legislation (Statutory Instruments only). Northern Irish legislation.

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Statute law

STAGES OF AN ACT:

draft (bill) bill act / statute

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CASE LAW

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Case law

Body of law created by judges decisions on individual cases.

Also called judge-made law

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Case law CONTINENTAL SYSTEM: judges apply the law.

ENGLISH SYSTEM: judges apply the law BUT

also make the law. - Judges apply their KNOWLEDGE OF LEGAL

PRECEDENT to the facts before them (+ statute law, of course).

COMMON LAW SYSTEMS VS. CIVIL LAW SYSTEMSTHE SOURCES OF ENGLISH LAWLaw systems(Source: Wikipedia. Author: Javitomad. http://en.wikipedia.org/wiki/Civil_law_%28legal_system%29)Common law systems(Source: Wikimedia. http://commons.wikimedia.org/wiki/File:Common_law_world.png#file)Common law systems vs. civil law systemsCommon law systemsCivil law systemsThe sources of English lawNmero de diapositiva 8Common lawNmero de diapositiva 10Statute lawStatute lawStatute lawNmero de diapositiva 14Case lawCase law