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LEGAL SYSTEM OF ENGLAND & WALES- SUMMARY (SQE1) (FLK1)
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Summary of the legal system of England and Wales. Mix of University of Law and Barbri books based summary.
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Legal System of England & WalesIntroduction
The legal system describes the body of institutions that make, execute and resolve disputes on
the law of the jurisdiction, together with the law they deal with.
Common elements for a legal system:
The existence of a constitution;
A relationship between central and local government;
The leadership of a dominant body of people who control the levers of power, and who set the
agenda for the operation of the system;
The influence of geography, military events, and neighbouring states;
Invariably the impact of religion;
some element of the popular will, involving the influence and expectations of the ordinary
population, and often popular unrest;
Grassroots activities, such as leisure pursuits, trade and travel; and
The growth of technology.
Lord Bingham: The
rule of law. It means
every person should be
governed by, and
benefit from, the laws
of the land. Further,
those laws should be
clearly stated,
understood and
administered. Lord
Bingham went on to
outline a number of
principles which he
believed to be
essential components
of this concept.
The law must be
clear and
predictable;
The exercise of discretion should be subordinate to the exercise of law;
, Legal System of England & Wales
We should all be equal before the law;
The state should provide an essential safety net for the settlement of matters which private
parties and individuals were unable to resolve; and
The state should adhere to its international as well as national obligations.
Some components of the rule of law
International law
international law should be considered an adjunct to the legal system of England and Wales,
rather than something superior;
international agreements often promise more than they deliver.
the rule of law must remain paramount, regardless of the international perspective.
William the Conqueror in 1066 bloodshed. He set about legitimizing the power, provided an insight
into what we mean with a legal system. King John built upon these principles in an agreement,
called the Magna Charta 1215.
Important concepts Magna Charta:
the involvement of the monarch and other elite elements in society;
the acceptance, sometimes gradually, often in the face of conflict, of the rule of law;
the importance of commercial interests such as those represented by the City of London;
the existence of courts and their officials; and
the presence of simmering, and frequently overt, dissatisfaction amongst key elements of the
population, in this instance the barons and higher nobility. As we shall see, social unrest among
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