Introduction to Legal System of England and Wales

Question 1

What is a legal system?

Answer 1

Defined as a body of institutions which make, execute and resolve disputes on the law of a particular jurisdiction

Various components:

• Constitution
• Cultural and historical factors
• Unofficial and popular elements, which influence a country’s conventions and principles
• Must be central and local government and leadership of a dominant body which controls the system and sets the agenda for operation
• Geography, military events, religion and grassroots activities will contribute to a legal system

Question 2

What is the Rule of Law?

Answer 2

Effectiveness of a legal system will depend on the existence and application of the rule of law

It essentially means that:

• Every person should be governed by and benefit from the laws of the land
• The law must be clearly stated, understood and administered

Question 3

What elements comprise the Rule of Law?

Answer 3

Law must be clear and predictable

Exercise of discretion should be subordinate to exercise of law

• If there is no legal basis for an executive measure, the Crown and Government is bound by law and cannot act outside it, so cannot take the action

We should all be equal before the law

• The Monarch has special privileges however

State should provide an essential safety net for the settlement of matters which private parties and individuals are unable to resolve

State should adhere to its international and national obligations

Question 4

How does international law interact with UK law?

Answer 4

UK subscribes to a considerable number of treaties and conventions

International law is equal to our law and not superior

Rule of Law must always remain paramount, regardless of the international perspective

Question 5

What are some key historical developments that have contributed to the development of our legal system?

Answer 5

• 1066 – William the Conqueror introduced rules and customs and began to keep records of decisions that were made; laid the foundations for today’s legal system
• 1215 – Magna Carta built on foundations and stated that there shall be punishment only within the law and justice shall not be sold, delayed or denied
• 1688 – Bill of Rights contributed to development of Parliament and the courts; reinforced the restriction on the Crown’s powers to suspend or make laws without Parliament’s involvement
• No trade unions before 1800, so they had no influence on the legal system before then

Question 6

What is civil law?

Answer 6

• Involves agreements and mainly private matters
• Deals with contracts, disputes and differences where the outcome is measured in remedies or the payment of monies
• Burden of proof is on the balance of probabilities

Question 7

What is criminal law?

Answer 7

• Involves actions forbidden by society, through statute or other law
• Usually a victim
• Importance of evidence + testimony of V and D
• Imposes restrictions and obligations on the population where the outcome is measured in punishment for transgressions
• Most serious penalty is loss of freedom (imprisonment)
• Burden of proof is beyond reasonable doubt (innocent until proven guilty)

Question 8

What is the role of the police in enforcing the legal system?

Answer 8

• Essential part of a legal system
• They operate with the agreement and support of the general population
• Police activities are controlled by local authorities
• Their actions must remain within the law
• Police are equal before the law, so their wrongful acts will result in civil and criminal penalties

Question 9

What factors contribute to the our constitution and legal system?

Answer 9

Parliament

Church and religion

Monarchy

Nobility

Lawyers and the Rule of Law

BBC and free press

Popular will and unrest

Armed forces

Ownership of land and property