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English legal system

English legal system. Joy Wingfield Short residential course Session 1 May 15 th 2006. Learning Outcomes. At the end of this session, you will be able to Distinguish between the types of UK law Describe the English courts system Describe the hierarchy of law and how it is created

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English legal system

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  1. English legal system Joy Wingfield Short residential course Session 1 May 15th 2006

  2. Learning Outcomes • At the end of this session, you will be able to • Distinguish between the types of UK law • Describe the English courts system • Describe the hierarchy of law and how it is created • Explore how politics drives law • Identify the key features of primary and secondary legislation • Decode legal citations

  3. What is Law? • A law is an obligatory rule of conduct • Public law deals with relationships between individuals and “artificial persons” (e g companies) and the state • Private law deals with relationships (common law) and obligations (civil law) between individuals or local concerns such as notice of street processions

  4. Classification of Law • Statute law is made under the authority of the monarch, but created by Parliament • Criminal • Professional • Administrative • Civil law covers obligations between citizens • Contracts • Torts

  5. The court system • For the administration of justice • Apprehension and punishment of wrongdoing • For the settlement of disputes • Restitution, compensation, punishment? • Includes a range of tribunals and professional “courts” • Variable jurisdictions

  6. From web tutorial, Kent university library

  7. Sources of law • International conventions • European Union • Primary legislation – an Act • Health fully devolved in Scotland • Partially in Wales • Secondary legislation – an SI • Directions - public service administration

  8. European Union • Post WWII, UK joined “common market” in 1973, now 25 “member states” in a political “European Union” • Free movement of people, goods, services and capital (money) – political “bloc” • Regulations - binding in every respect • Directives - binding as to objectives • Decisions - internal structures • Recommendations (persuasive force) and opinions (case law)

  9. European Institutions

  10. EU Legislative Machinery • Council Regulation 93/2309/EEC Compulsory central process for new actives • Council Directive 2001/83/EEC Control production and distribution of medicines • Council Decision 75/320/EEC Set up Pharmaceutical Committee

  11. Pharmacists • 85/432/EEC covers education and training • Five year course includes in-service training • 36/2005/EEC From 2007: may be part time • 85/433/EEC: covers right to practise in EU • An EU national • Cannot be in personal control of a pharmacy open for less than three years

  12. European Convention on Human Rights • See later! • Don’t mix up European court of Justice – enforcing EU “commercial” law and European Court of Human Rights – enforcing the European Convention on Human rights

  13. How UK law is made • Green papers • Policy, problems and solutions • White papers (“Command” papers) • Proposals for new law; need an Act to amend an Act (usually!) • Public bills have government support • Private members bills – but not usually private law

  14. Parliamentary Process • Bill introduced in Queen’s speech • Readings in both houses • Committee scrutiny • Passing an Act (Primary legislation) • Powers to make Statutory Instruments (Secondary legislation) • Regulations • Orders

  15. The geography of law Exercise Working in small groups identify the nature and status of the documents in your pack and describe their nature, status, organisation and layout

  16. The geography of law Information for exercise • Documents include: • A green paper and a white paper • A Bill, explanatory notes and an Act • A new SI consultation and regulatory impact assessment • Several Statutory Instruments • Public services directions; best practice guidance

  17. Politics and law A class exercise Trace the progress of the concept of clinical governance from ministerial proposal to implementation at NHS contract level

  18. Legal citations • European law • “Command” papers • Bills • Parliamentary debates • UK statutes • Statutory Instruments • Cases

  19. Case law • Over 200,000 cases per year in E and W • Only about 2,500 of these are reported • New or modified principle, new rule, settle questions, new interpretations or applications • All House Lords, some appeals, high court, tribunals • “Official” Bar council reports from 1865 • Approved by judge • Contain counsel arguments • Four classes House Lords (HL), Chancery (CH), Queens Bench (QB) and Family (Fam)

  20. Interpreting a legal citation Citations consist of The names of the parties Date Volumenumber Abbreviation Pageno. Hunter v Canary Wharf [1997] 3 WLR 684 Derry v Peek (1889) 14 App Cas 337 HL From web tutorial Kent University library

  21. Other law reports • General Series of reports • Weekly Law Reports - WLR • All England Law reports - All ER • Specialised law reports • Criminal Appeal Reports – CLR • Statutory Committee Reports (not official) • Newspapers and Journals • Times law report - TLR

  22. Legal citations Exercise Working in small groups and using the printed material available, “decode” the examples of legal citations to provide full information on where the information is to be found and under what jurisdiction

  23. Questions so far?

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