THE MAIN SOURCES OF LAW IN ENGLAND AND WALES-1914427

THE MAIN SOURCES OF LAW IN ENGLAND AND WALES-1914427 - THE...

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THE MAIN SOURCES OF LAW IN ENGLAND AND WALES (Author’s Name) (Institutional Affiliation)
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Introduction Despite the variations of the systems and the constituents of their laws, professions, and institutions that surround them, the fundamental sources of law are similar in all the three jurisdictions. Nevertheless, various factors distinguish between the types of laws enacted by these systems, the legal systems in England and Wales have been divided into four primary sources. These sources are common or case law, the statute law or Legislation or Acts of Parliament, European Convention on Human rights and the European Union law. Among all these, Legislation, which is introduced by the legislative body, is the primary or fundamental source of English decree. The above sources, therefore, characterize the Legal system in England and Wales and they govern the legal procedures and practices and managing the creation, implementation, and execution of the laws. The sources of law have been further divided into primary sources and secondary sources, the main sources constitute of the four main sources mentioned above, while the secondary sources are the legal books, administrative documents, textbooks and law journals. According to Adams, 2016, the four primary sources can be either external or internal but are applicable universally. The external basis of law in England and Wales are the European Union law (EU) and the European Convention on Human Rights (ECHR), internal sources, on the other hand, are the Case Law and Legislation (Nemitz, 2010). Legislation/ Acts of Parliament It can also be referred to as the statutory laws; one of the major roles of the Houses of Parliament involves passing the Statute Law or Legislation. Since the seventeenth century, Legislation has become the most common source in the process enacting new laws; the Statutes are applicable in
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all the jurisdictions or any combination of authorities within the United Kingdom. The Legislature applies to all the citizens, and the noncitizens, these sets of Acts of Parliament are referred to as the Public General Acts. However, these Acts can be limited to companies or particular people, or they can be restricted to the geographical locations such as the local by-laws or the West Yorkshire Act 1980. The Acts of Parliament is the most important legislation, and it becomes valid after the receiving approval from the House of Commons and House of Lords, after these approvals, it receives a Majestic Approbation from the Queen.
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