Topic > Sources of the English Legal System - 639

What are the sources of law? The United Kingdom is a country with a distinctive legal system. It is quite different from other countries that have legal systems based on civil law. The legal system in the UK consists of various sources of law, while other civil law-based countries rely only on a set of written laws. European influences on the English legal system came much later in the following decades. This essay will aim to examine the development of the English legal system by examining the applications of various sources of law in the English legal system and to discuss recent European influences on English law. Introduction: English Legal SystemThe English legal system is used in the United Kingdom and plays a significant role in maintaining order within the country; has the capacity to influence the United States and other Commonwealth countries. Many decisions coming out of England are considered persuasive in many jurisdictions. The meaning of the English legal system is stated by Cownie and Bradley in the book English Legal System. There are many sources that construct English law as it exists today. The main sources of English law are common law, parliamentary legislation and delegated legislation. As stated in the book English Legal System by Gary Slapper and David Kelly, there are many different interpretations of the phrase "source of law" where in this book the law is made up of three main sources; where in Martin Hunt's 'A' Level Law, although there are several sources that make up English law, these sources are differentiated into two main categories with various minor sources. History of Common Law Before 1066, all laws were local and applied in a lordly, shire, hundreds of courts...... middle of paper...... Supreme Court of Justice (formerly known as the House of Lords ). The courts considered to be higher courts in the hierarchy of courts would be the Court of Appeal and the High Court. Based on the Judicature Acts of 1873 and 1875, the High Court is divided into few specialized divisions which are King's Bench, Common Pleas, Treasury and Admiralty Division. Where the Magistrates Court, the Crown Court and the County Court are considered lower courts; both the civil and criminal divisions of the courts have little difference. The court of first instance in criminal proceedings is the Magistrates' Court. However, when it involves a more serious crime, the case would instead be heard first in the Crown Court. First instance civil cases are usually heard in the Magistrates Court and rarely in the County Court. Court hierarchy: disadvantages