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Impact of English Legal System

University: University of Plymouth

  • Unit No: 8
  • Level: Undergraduate/College
  • Pages: 8 / Words 1970
  • Paper Type: Assignment
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  • Downloads: 531


English law is the legislation lawful system of England and Wales, it comprising primarily criminal and civil law as well every division which have their own courts and procedures. Moreover, distinct feature of the respective law is the philosophy of judicial preceding, whereby the reported determination of the courts form a constricting source of law for upcoming judgement. A judge is bound by decisions of courts of superior jurisdiction but not by those of inferior courts (Wortley, 2018). This report going to describe statute, reforms and effectiveness of jury trials with the help of different case laws. Along with this, role of supervisory in the assembly of justice of the European Union.

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1 Relevant statute, case law and reforms, discuss the effectiveness of jury trials in England and Wales today

A jury trials is a lawful proceeding in this jury make decisions , give judgement or findings of facts. It is not related to the bench trial because in that jurist or committee of judges take each and every the determination. Moreover, Panel trials are utilise in an important part of cases related to criminal and most probably in all ordinary law and legislation, lawful system of rules (Nagel and Neef, 2017). Juries or lay judges have been involved in the legislative system in several civil law nations in problems related to criminal.

The courts of England and Wales, supported administratively by Her Majesty's Courts and Tribunals services which is an administration authority of ministry of Justice. The same was formed in 2011 on 1st April by the merger of Her Majesty's courts Services and the Tribunals services. Civil and criminal Courts are accountable or responsible for the administration of justice in England and Wales. Apart from this, United Kingdom don't have individual or particular Incorporated judicial system because they have three and these are England and Wales, Scotland and third is Northern Ireland. There are some omission to this rule: for instance, immigration law, the Asylum and immigration Tribunal's which include the entire UK. Whereas, In the law related to occupation there is only individual system of employment judicature for England, Wales, and Scotland but not Northern Ireland. In add-on to this, Military Court Services has legal power on each and every members of the equipped unit Of the UK related to Offences against military legislations (Barkan, Bintliff and Whisner, 2015). Her Majesty's Courts and Judicature Services administer the court of Appeal, the high court, the crown court, the country court as well as the magistrates courts.

Supreme Court of UK is the highest appeal court among every and every cases in England and Wales. This role was help by the House of Lord before the Constitutional Act, 2005. Request for declension of the issues which was antecedently taken by the Judicial Committee of the Privy Council but now matter related to the same is solving by Supreme tribunal which is one of the highest for appeal of issues related to Devolution matters. Supreme Court have their distinct management from the another courts of England and Wales as well as governing body of the same is below Chief Executives who are appointed by the President of the Supreme court of UK (Gaillard, 2014). Moreover, court of United Kingdom is divided into three parts such as: Senior Courts of England and Wales (Court of appeal, high court of justice and crown court), subordinate courts (country, family, Magistrates and Youth court) and last is special court and tribunals (Coroner's, Ecclesiastical, Military and other courts).

Effectiveness of Jury Trials in United Kingdom – In UK, one of the most popular as well common judicial or lawful system is trial by jury. It is generally also named as body of citizens sworn to give a truthful finding of fact as per the proof or information given in a tribunal of legislation. The right to trial by jury can be copied back to Magna Carta, the Great Charter of Liberties introduced in 1215 (Effectiveness of Jury Trials in United Kingdom, 2018). There are various statements which was derivable from this legal-finding execution, for finding is that it is an suitable process. Moreover, in the case of R v. Ford (1989) concerned motor crime had constituted the standardized platform for multiracial panel judges. Ford, as the defence in advance an all-white judges as well as respective organisation request for a multiracial panel which has been negate by the trial jury. The defence was guilty and request issue or problem that the trial jurist don't have right to refuse or decline the pursuance. Court of Appeal that is part of senior tribunal upheld the rule as well as regulation of random selected which is the most suited mode to achieving fairness (Abbott, 2014). Therefore, confined that the trial judge had no power to impanel multiracial jury as well as don't have power for discharging an competent juror for obtaining a multiracial jury. Motive of applying behind this rule and regulation is to provide assistance that justice is given through the concept of non-elected that is essence of all the jury system. This approach look like not justified in the eyes of law and legislation as well as it is also critically depreciating for the panel of Jury who should have to provide way for a non-white person. Thus, the way which is only likely to assure that juries entirely represent the conscience for making sure that jury is elected at random (JanulevičienÄ” and RackevičienÄ”, 2011). Electoral rolls are performed after ensuring that these are inclusive as well as including everybody who ought to be included. Apart from this, decisions of jury sometimes vary from cases to cases as well it is their duty to make proper judgement as per the cases.

2 Case law the supervisory role of the Court of Justice of the European Union

European Union legislation is the legal body of treaties, court justice which functions along side the lawful systems of the European Union's associate states as well as laws. At the time of conflict between EU and national laws, European Union is the one who take priority over national law. Along with this, it is binding all the national authorities. Their is an institution whose name is European Union and its responsibility is to make sure that EU laws are applying on all the members equally.

Court of Justice of the European Union – The CJEU explain European Union legislation for making sure it will apply in the similar manner in each and every nation of EU, and settles legitimate issues within national governments as well as European Union establishment. These are which utilised by particular person, administration or organisations for taking major steps in relation to an EU institution, if they feel that it has somehow infringed their rights (Hart, 2017). Court of justice of the European Union gives decisions or judgements on different lawsuit bough before it. There are some general type of cases these are as follows :-

  • Interpreting the law – National court of European Union countries are needed to make sure that all the laws and legislation related to EU laws are properly implemented, but tribunal in several nations may be explicate it in different manner. If their will be any difficulty related to interpretation and validity of EU laws then it can be clarified from the court of clarification. The respective mechanism can be utilise for determining whether a nationalist legislation or practice is appropriate with EU law.
  • Enforcing the law – Violation proceeding kind of cases which are taken against a domestic government bodies for falling to follow with European Union laws. This was started by the European commission or by the some other EU nation (Cottrell, 2013). In the case if country is founded fault, then they have to put things in correct manner at once, or risk a second case being bought, which may be result in satisfactory.
  • Annulling the EU legal acts - If an EU act is believed to violate EU treaties or fundamental rights, the Court can be asked to annul it – by an EU government, the council of European Union, commission of the European or the European parliament.
  • Ensuring the EU takes action – The commission, council and parliament must take particular judgement in the specific circumstances (English And et.al., 2014). If they can't, then in such circumstances individual or companies can complain regarding that to the court.
  • Sanctioning EU institution – For taking action related to the harm or suffering, any individual or organisation who has had their involvement injured as an result of the activity or inactivity of the European Union or its staff members can take action against them with the help of the Tribunal.

Apart from the, Court of Justice of the European Union is categorised in two parts. Description of these are as follows :-

  • Court of justice – It deals with the request for preliminary rulings from national courts as well as specific actions for annulment and appeals.
  • General Court – regulations and rules on the action for revocation bring by the institution or organisation, individual. As well as in some cases by the European Union Government. Moreover, in the practice it means that courts are dealing mainly with state aids, competition law, agriculture, trade marks, trade and so on.

Every judge as well as advocate general is hired or nominated for a renewable 6-year term, which is jointed by the nationalist governments. In each Court, the jury choose a head of state who provide a renewable term of 3 years. Although, in the tribunal of justice each and every lawsuit is appointed one jury member as well as one advocate general. Suits are prepared and continued in 2 phase. Explanation are as follows :-

  • Written stage – In this parties given statements in written on the paper to the tribunal as well as other findings can also be submitted by national authorities, individuals and EU institutions because decision making will be easy with these. 3, 5 or 15 judges will deal with the cases but it is depended on the value and complexness. Many of the cases are dealt mainly through 5 judges, hearing by the entire court is done in rare situations.
  • Oral stage – In the cases, lawyers of both the side can orally present or put their cases in front of the jury as well as advocate general can as or rise questions in relation of the same. If tribunal make decision against the respective case the views or thoughts of the advocate general is essential but this given few week afterwards of legal proceeding (Ginzberg, 2017).
  • General court procedure – It is same, except that mostly suits are heard or solve by the three judges as well as no advocates general was there of resolving.

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From the above assignment it has been concluded that, in the case judgement is given by the Judges but it involve all the laws as well as legislations. Apart from this, decision making sometimes vary from case to case and in future the same judgement can be implemented on the another cases also. English legal system and European Union is explained above with their effective process of decision making.

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