English Legal System
The current legal system of England, governed under common law, has evolved over many centuries and has changed considerably over time. Although the modern courts may be different from their predecessors, the court system is of ancient existence and many present day rules derive from it today. This essay will focus on the principal sources of the English Legal System in the order of their constitutional importance by providing examples of each source. The main sources that will be covered are European Union law, legislation, common law and equity.
Since 1973, when the UK joined the European Economic Community, it has been subject to community law, accepting the supremacy of European Institutions such as the European Parliament, the European Commission, the Council of Ministers, and the European Court of Justice. Therefore, under the European Communities Act of 1972 (section 2), EU law is part of UK law meaning that in an event of conflict, EU law takes priority even if both parties concerned are UK based. This supremacy is well known in a number of areas such as sex discrimination illustrated by a clash between EU and UK law, also known as the Commission v United Kingdom case (2006) C-484/04. This conflict derived from inconsistencies between EU Directive on different rights of EU workers and Working Time Regulations 1998 legislation, which regulates the time people in the UK are allowed to work. The UK Department of Trade and Industry stated that each member state should give equal pay to male and female workers for the same amount of work accomplished However, ECJ held that the UK government's guidance violated article 4 of the Directive, since there is a duty to observe those taking a rest in order to perform effectively. This is an example of overriding power of European law-making institutions.
Secondly, due to the emergence of Parliament as the dominant force within the UK constitution, legislation (or statutory laws) has become the commonest source of
Since 1973, when the UK joined the European Economic Community, it has been subject to community law, accepting the supremacy of European Institutions such as the European Parliament, the European Commission, the Council of Ministers, and the European Court of Justice. Therefore, under the European Communities Act of 1972 (section 2), EU law is part of UK law meaning that in an event of conflict, EU law takes priority even if both parties concerned are UK based. This supremacy is well known in a number of areas such as sex discrimination illustrated by a clash between EU and UK law, also known as the Commission v United Kingdom case (2006) C-484/04. This conflict derived from inconsistencies between EU Directive on different rights of EU workers and Working Time Regulations 1998 legislation, which regulates the time people in the UK are allowed to work. The UK Department of Trade and Industry stated that each member state should give equal pay to male and female workers for the same amount of work accomplished However, ECJ held that the UK government's guidance violated article 4 of the Directive, since there is a duty to observe those taking a rest in order to perform effectively. This is an example of overriding power of European law-making institutions.
Secondly, due to the emergence of Parliament as the dominant force within the UK constitution, legislation (or statutory laws) has become the commonest source of