Summary OCR A-level Law (H418) - The English Legal System
This is a revision summary of the OCR A-Level Law (H418) The English Legal System module. It provides relevant legislation, case law and facts in a concise format for students to use when revising.
The English Legal System
Topics:
- Introduction to law points
- Access to justice
- Civil courts
- Tribunals
- ADR
- Criminal courts
- Sentencing
- Magistrates
- Juries
- Legal personnel
- The Judiciary
Introduction to law points
Sources of law and civil versus criminal law
,Civil law
Deals with private disputes.
Purpose: uphold private rights of individuals.
Standard of proof: on a balance of probabilities.
Powers of court: damages, injunction.
Criminal law
Deals public and private disputes.
Purpose: maintaining public order and protecting society.
Standard of proof: beyond reasonable doubt.
Powers of court: prison, fines - more sinister punishments.
Sources of law
Statute law (eg OLA 1957 and 1984)
Case law (from cases)
UK has a common law system - uses both statute and case law. This is
contradictory to civil law systems, which are codes laws.
UK development of law: law started as 'customs' - these evolved into case law
and some was eventually codified in statute law. After a while, equity courts and
equitable law is created, alongside the legal courts and the law. Eventually,
consolidated together.
The Rule of Law
Theory
General idea:
no person shall be sanctioned except in accordance with the law
equality before the law
fairness and clarity
Honore: rule of law exists when government powers are limited by citizen rights.
Dicey: rule of law exists when: absence of arbitrary state power; equality before
the law; supremacy of ordinary law. Problem: conflicts with Parliamentary
sovereignty as under this, Parliament is free to legislate as it chooses
(‘arbitrarily’). Problem: equality before the law is only formal, Dicey does not
consider access to justice issues.
Von Hayek: supports Dicey but acknowledges it is an abstract theory, unrealistic
in practice. State often intervene, like with economic matters.
, Raz: rule of law exists when: clear procedures for making law; judicial
independence exists; open and fair hearings/natural justice; courts can check
these principles occur.
Lord Bingham: rule of law exists when 8 points occur. These revolve around the
law being accessible/clear; law protecting human rights and protecting equally;
law being the method of resolving disputes and affording
liberties/rights/punishments/liabilities; legal adjudicative procedures and the
legislative officials being fair and reasonable.
Application in practice
S1 Constitutional Reform Act 2005 recognises the principle of the rule of law.
S3 upholds principle of judicial independence.
What does this mean in practice regarding law making? Influences the Whitehall
legislative process and associated Bill to Act formalities, for example House of
Commons and House of Lords all have to affirm Bills. Delegated legislation
controls also embody rule of law through their processes/controls.
What does this mean in practice regarding the legal system? The legal system
should be fair, not corrupt, allow fair trials, treat innocent until proven guilty, and
accessible.
What does this mean in practice regarding substantive law?
- Crime: crimes must be clear, so people know what is illegal or not. Trials
need to be fair and maximum penalties need to be set.
- Tort: though the law should be accessible, it is often difficult to achieve
access to justice with tort cases, unless using ‘no fee no win’ agreements.
- Contract: often protects consumers as recognises there is a power
imbalance between them and businesses, thus making the law more fair.
Access to justice
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