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System of precedent / stare decisis

Introduction The system of precedent is based on a doctrine of stare decisis which means to ‘stand by what has been decided and do not unsettle the established’. The system of precedent refers to the source of law where past decisions of the judges create law for future cases to follow. This includes the judicial … Read more

Statutory Interpretation

Many statutes are passed by parliament each year. The meaning of the law in these statutes should be clear and explicit but this is not always achieved. Parliament sometimes includes sections defining certain words used in that statute; such sections are called interpretation sections, which define certain words in the act itself. Despite these aids … Read more

Constitutional courts

There is no universally agreed definition of a constitutional court (CC). Yet, it is possible to identify common features emanating from a variety of CCs as a sufficient standard to discuss possible UKSC reforms. There are currently two main CC frameworks; whilst a majority of continental European CCs, including Germany and France, have adopted the … Read more

Parliamentary sovereignty

Parliamentary sovereignty is defined via Dicey as “the right to make or unmake any law what ever, and, further, that no person or body is recognised by the law of England as having a right to over-ride or set aside the legislation of Parliament”. In this essay I will discuss the prose of parliamentary sovereignty … Read more

Constitutional culture

Constitutional culture, by virtue of its ever changing nature, is “vast and slippery” with an amorphous quality. The definition and use of this term has varied by author, and the uses have ranged from haphazard, general characterizations to detailed but limited accounts. For example, James Fleming and Linda McCain have used the term to reference … Read more

Checks and balances in the US

Before moving into the various ways that within which the passivity of the Legislative and Judiciary branches allowed the President of the u. s. (POTUS) to grow in power, disproportionate to what would be a perfect equity for checks and balances, it absolutely was imperative to say however Andrew Rudalevige begins his final chapter. He … Read more

The doctrine of Parliamentary Sovereignty

The doctrine of Parliamentary Sovereignty is the cornerstone, and most fundamental principle, of our British Constitution. Its role gives Parliament absolute power, and authority, over any law. Simply put, when any piece of legislation is produced and passed by Parliament it will generally be regarded as the highest form of law within the constitutional structure. … Read more

UK Government structure

The UK’s governmental infrastructure implements a vast array of organization that dedicate a considerable amount of time and effort in placing the government under scrutiny. The role of Parliament is attributed to three key responsibilities, one of which is generally understood as scrutinising and challenging the work of the government. The other roles include granting … Read more

The UK constitution

The notion that the United Kingdom has moved towards a ‘legal’ constitution opposes the orthodox view put forward by Griffith that the conceptual idea of the constitution is that of a political one1. The ‘political’ constitution is a longstanding principle that is intrinsically linked to Dicey’s perception that ‘Parliament…has, under the English constitution, the right … Read more

To what extent is the judiciary in the UK politically neutral? Compare with another federal state

The judiciary in the UK is the branch of government that is responsible for deciding any legal disputes which preside over the court system, including everyone from justices of the UK Supreme Court down to lay magistrates. This branch gives judges the role of interpreting legislation, as well as the responsibility of developing the Common … Read more

Do judges make law?

LEGAL SKILLS COURSEWORK The subject of this essay is on the extent to which judges can correctly use their powers to shape the law. Emphasis would be on the instances where and why judges, rather than applying the law as enacted by Parliament, use discretionary powers to shape the law. In the United Kingdom, the … Read more

Facets of the English Legal System

The English Legal System (ELS), also known as English Common Law, is split into two sections; Civil and Criminal Law. English Common Law originates from King Henry II, he instructed London based judges to travel around the UK and make decisions in the King’s name. These decisions would be based on local customs, the judges … Read more

Introduction to statutory interpretation

Introduction The purpose of this assignment is to give a clear definition of statutory interpretation and the approaches associated with it. This is so a better understanding can be created on how judges use these approaches to interpret statutes when in court. Statutory interpretation consists of three main rules which are described as the literal … Read more

Statutory Interpretation

Foundations of Law: Statutory Interpretation Essay Q 2 At a surface level, when supplied with the information regarding the case of Billy Tripe, one would believe him to be held responsible for the mistreatment of his herd of alpacas. However, upon closer inspection of Mr. Tripe’s case, in particular, the circumstances of the misfortunate treatment … Read more

Independent judiciary

Introduction “All the rights secured to the citizens under the Constitution are worth nothing, and a mere bubble, except guaranteed to them by an independent and virtuous Judiciary.”- Andrew Jackson A need of Independent judiciary is recognised by almost all of the countries of the world. This is because the role played by the judiciary … Read more

The English Legal System

Unit 2 – Explain the application of judicial precedent in the courts (P1) Judicial precedent is a court-made decision used in the future as a source or reference for decision making in future cases with similar facts. In Latin, this precedent is known as ‘stare decisis’, which translates to: ‘let the decision stand’. As these … Read more

Parliamentary supremacy (Malaysia)

Introduction It is a fundamental principle of democratic government that there should be an elected assembly representing the people, and that this assembly should have authority to make laws that apply to the entire population. But there is no universal agreement that such an assembly should have an absolute and unlimited power to make laws … Read more

Parliamentary sovereignty

Parliamentary sovereignty is the principle in the constitution of the United Kingdom. The Queen use to be the main legislative authority in the past. She was able to pass down any law, this was known as the Queen in Parliament. Royal Prerogatives is a form of historical powers, which is used by the Monarch, but … Read more

Separation of powers

Montesquieu and L´Esprit des lois The idea of seperated powers has an old background. Philosophers as Aristoteles and John Locke have already been debating about this theme. Locke stated that there is the need of a principle concerned with the efficiency of government and avoidance of tyranny. This last point was also established by the … Read more

The rules of interpretation

Essay plan: Introduction: This paragraph lists the rules of the judicial interpretation of statues described in the core literature for this module, and highlights the importance of the decision maker. Body: This section discusses the most widely used rules of the judicial interpretation of statues. Section 1: The rule of literal interpretation: Paragraph 1: Focuses … Read more

What is statutory interpretation?

Statutory Interpretation is a term referring to the judges’ interpretation of the wording and meaning of statue. The term statutory interpretation covers a process, where statue is created, the judge then interprets the statue and finally applies their interpretation to the case they are dealing with. To help a judge interpret the meaning and wording … Read more