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Summary MELS - An Introduction to the Modern English Legal System
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Brief introduction to the Modern English Legal System.
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Week 1 – Introduction to the Modern English Legal SystemFunctions of the law and why it is there
- Maintain public order and safety
o The law is regarded as the “glue” that holds society together, protects it from
risks of social disorder and anarchy. But, if abused by the state, it can be used
it to legitimatize its oppressive rule. Political and legal authority must be
kept separate
- Protect individual’s rights and liberties
o The “rule of law” no person or organization should be above the law
o Fundamental rights and liberties - http://www.politics.co.uk/reference/civil-
liberties
Right to a fair trial
Freedom of speech
Right to lawful protest
Freedom of information (Freedom of Information Act 2000)
Right to not be discriminated against (Equality Act 2010)
Protection of Freedoms Act 2012
Human Rights Act 1998
- Organize and control the political sphere
o No law without parliament, no parliament without law
- Regulate economic activity
o Law facilitates and encourages national and international trade
o It tries to protect citizens, business, states and the environment all at once
and this can be challenging
- Regulate human relationships
o Marriage, divorce, sexual activity, abortion etc
- Preserve a moral order
o The law aims to reflect the norms and values of society – means it is likely to
change over time and adapt to the situations at hand (eg: legalization of gay
marriage, women’s right to vote etc)
o Law and religion shouldn’t be related or connected but globalization today
means that this separation may not always be upheld
- Regulate international relations
o Public international law
o International criminal law - wars and conflict, crimes against humanity
o International trade (WTO, EU, NAFTA, ASEAN)
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