Sunday, May 12, 2019
The Different Sources of Law in England and Wales Essay
The Different Sources of Law in England and Wales - Essay ExampleJudges create harsh faithfulness by delivering written judgments on the cases that have been brought before them. If magistrates courts across both Wales and England were to be allowed to follow and stag their own precedents, this would have the effect of creating relatively huge variations in both the regional and local jural customs in the two countries (Gearey, Morrison and Jago, 2013). The common virtue works to ensure that the law remains common throughout the land. However, it is the responsibility of the House of Lords and the criminal division of the Court of Appeal to create legal precedents in telling to criminal matters affecting Wales and England. It is the decision that is made by these higher courts that works to bind the cut down courts.At times, new situations occur that are found to be entirely new in relation to common law. In such instances, courts in England and Wales can sometimes opt to che ck aboard at the decisions of the courts made in other commonwealth countries in order to seek the necessary guidance or from them. This allows for common law outlines to have a degree of flexibility and stability as they continue to look to each other for guidance (Gearey, Morrison and Jago, 2013).Statute Law and Common Law InteractionAlthough the English legal system is primarily founded n common law, this does not necessarily mean that statutes are any less binding. In fact, the relationship between statute and common law is that that statute law codifies certain rules whereas the common law serves to provide clarification.
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