Legal System & Culture
- Overview
- Judicial precedent
- Introduction to legal philosophy
- Sources of law - Overview
- Sources of law - Common law
- Sources of law - Legislation
- Sources of law - EU law
- The Courts in England & Wales
- Statutory interpretation
- Human rights
- Dispute resolution
- Scottish legal system
Last updated: Spring 2002 cd
The purpose of this mini-workbook is to provide an overview of the workbooks in the "Legal System & Culture" section of Iolis in order to help you identify which workbooks cover the areas you are interested in.
New: Autumn 1999 cd
Decisions can be split into the ratio decidendi and obiter dictum. The ratio is the reasoning behind the decision or the legal principle upon which it is based. The ratio is also the binding part of any decision, anything which is obiter, that is by the way, forms no part of the precedent although it may be very persuasive. Therefore the "Judicial Precedent" workbook considers how the ratio can be identified, before considering how the doctrine of stare decisis operates in the courts in England and Wales. The influence of the jurisprudence of the European Court of Human Rights, the European Court of Justice and the Judicial Committee of the Privy Council is also discussed.
Introduction to legal philosophy
New: Spring 2000 cd
This workbook provides a critical introduction to the main (traditional) theories of legal philosophy. Firstly it considers how law should be defined. The workbook concentrates upon the definitions provided by the natural theorists, who believe that there is an inherent link between law and morality, and those provided by legal positivists, who contend that there should be a strict separation of law and morality. Secondly the workbook considers the function of law, considering the many tasks that law fulfils. Finally the workbook considers the relationship between law and morality and whilst it accepts that there must be some overlap between law and morality, it questions whose morality should be enforced by law.
New: Spring 2002 cd
The aim of this workbook is to enable students to develop a critical knowledge and understanding of the sources of law in England and Wales. As we will see there are three major sources of law in England and Wales: Legislation; Common law, that is law developed by the courts; and European Union law.
Each of these sources of law is considered separately in individual workbooks, but this workbook gives a short overview of these sources before considering the other sources of law in England and Wales: Custom; Doctrinal writing; and Administrative rules.
New: Spring 2002 cd
The "Sources of Law: Common Law" workbook considers the second major source of law in England and Wales, that is law developed by the courts. As this source of law is considered in detail in the "Judicial Precedent" workbook the "Sources of Law in England and Wales" workbook merely provides an overview of the doctrine of stare decisis before going on to consider whether it is appropriate for unelected judges to make law and how the common law developed.
New: Spring 2002 cd
The "Sources of Law: Legislation" workbook starts by considering the primary source of law in England and Wales, legislation. It considers the doctrine of the supremacy of Parliament, that is the principle that Parliament is omnicompetent. The positive aspect of parliamentary supremacy means that Parliament can make or re-make any law it pleases (although there are obvious practical and political constraints), whilst the negative aspect means that the courts are unable to review the validity of primary legislation. The workbook goes on to critically consider the legislative process before looking at how to read an Act of Parliament and providing an overview of the way in which the courts interpret legislation.
Last updated: 2003-4 cd
European Community law is becoming an increasingly important source of law within the United Kingdom and hence it is dealt with by the "Sources of Law: EC Law" workbook. EC law became part of UK law on 1 January 1973 when the UK became a member of the European Communities by signing the 3 treaties: the Treaty of Paris, 1951 (which established the European Coal and Steel Community (ECSC)); and the two Treaties of Rome, 1957 (which created the European Economic Community (EEC) and the European Atomic Energy Community (Euratom).)
The UK adopts a dualist approach to international law and effect was given to the European treaties by the European Communities Act 1972 which made EU law part of domestic law. According to ECA 1972 s. 2(1) directly effective EU law automatically becomes part of domestic law without the need for an Act of Parliament. The implications of this are that domestic law must comply with EU law and in cases of conflict EU law will prevail.
Moreover, according to ECA 1972 s.2(4) any domestic enactment (statute or statutory instrument) must be construed in accordance with directly applicable community law and if this is not possible EU law will override domestic law, Factortame Ltd v Secretary of State for Transport (No. 2) [1991] 1 AC 603.
Last updated: 2005-6 cd
This workbook considers both the courts in England and Wales: The House of Lords, The Court of Appeal, The High Court, The Crown Court, The County Courts, The Magistrates' Courts and some important other courts: The European Court of Justice, The European Court of Human Rights and The Judicial Committee of the Privy Council.
After completing the workbook students will have developed a critical knowledge and understanding of the way in which the courts in England and Wales interact with each other and of the influence exerted by the other above named courts upon the courts in England and Wales.
Last updated: 2005-6 cd
This workbook considers the importance of legislation and the nature of the Parliamentary process. This workbook is currently being developed and will consider the rules of statutory interpretation in a future edition of IOLIS.
First draft: Spring 2002 cd
The Human Rights Act 1998 has been heralded as a constitutionally significant statute that has led to a fundamental change in the way in which the rights of individuals are protected in Britain. It marks a departure from the traditional approach of negative liberty in which an individual is free to do anything that is not prohibited by the law. The Human Rights Act provides a means by which the rights and freedoms enshrined in the European Convention on Human Rights can be enforced by the domestic courts in Britain.
The Human Rights Act has the potential to impact upon every other area of law and, as such, is an immensely influential piece of legislation. This workbook addresses the background and operation of the statute and provides an introduction to the case law emerging under the Act.
New: pre Autumn 1998 cd
In England and Wales formal dispute resolution is afforded by the courts and tribunals. However, the vast majority of disputes are resolved in informal ways, often due to the fact that the parties to the dispute will have a continuing relationship, for example businesses may wish to continue trading with each other despite the fact that one of them has failed to deliver some goods on time. This workbook considers what is meant by the concepts of "dispute" and "resolution" and distinguishes between different forms of dispute resolution. The workbook critically considers the relationship between legal adjudication and other forms of dispute resolution before concluding with a discussion of the main problems about "access to justice."
New: pre Autumn 1998 cd
This workbook considers the historical development of the the Scottish legal system; introduces students to the basic jurisdictions and appeal systems of the Scottish Courts; and discusses the Scottish legal personnel.