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Summary English Legal System
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A summary on English Legal System based on lectures and Jim Mason's Construction Law textbook.
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ENGLISH LEGAL SYSTEMConfidence in Legal System (Rule of Law):
1. Accountable for its actions
2. Consistency of approach
3. Consistency of results
Separation of Powers:
Executive
- European Commission – Council of Ministers
Judiciary
- European Court of Justice
Legislative
- European Parliament – debates laws proposed by the Commission
Sources of Law:
- Legislation (Civil Law)
o Law imposed from above
o Written down in legal proclamation
o Made by Parliament: House of Commons/House of Lords
o Reforms (Changes for improvement)
- Case Law (Common Law)
o Precedent (decision of judge has a binding effect on a diff. judge/cases with same issue)
o Made by judges
o Starts from low ranked courts – appeal to upper courts
The Four Freedoms of EU:
1. Free movement of goods
2. Free movement of persons
3. Free movement of capital
4. Freedom to provide services (freedom of establishment)
Sources of EU law:
Regulations – direct effect into national law
Directives – implemented into domestic law by member states within a time frame
Decisions – obeyed and implemented by national courts
Appeals:
Precedent requires: Proper law reporting
Hierarchy
Court Systems
- Criminal Courts
o R(crown) v Brown
o Acts of criminal/Theft
o Magistrates
– Summary
o Crown Court
– Indictment
(formal accusation
of a felony)
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