Rules, Rights and Justice in the UK

Paper Summary:

In the light of the non-static, ever-changing nature of law, this paper outlines the English legal system as it has evolved over the centuries. The author refers to the different ways in which law is developed or created as sources, and identifies seven main sources of UK law. The author then explains the relationship between law and social change with examples of changes in different types of laws. In the UK, Parliament has the responsibility for changing the law according to the changing values of the society and the needs of the times. The paper gives examples of some recent changes in UK law, but concludes that although law indeed is constantly changing in order to reflect changes in society, UK law, being largely based on the doctrine of judicial precedent, is relatively less volatile than the law in most other countries.

Outline:
The Nature of UK Law and its Main Sources
Customs
Common Law
Equity
The Doctrine of Judicial Precedent
Acts of Parliament
Delegated Legislation
European Law
Relationship between Law and Social Change
Conclusion

From the Paper:

"Historically, customs are believed to have been very important in the development of law and form the basis of 'common law' in the English legal system. Following the Norman Conquest in 1066, the judges appointed by the kings traveled around the country making decisions in the King's name and it is believed that at least some of these decisions were based on common customs. Apart from ancient common customs that have become part of general law in UK over the years, certain local customs are still recognized as enforceable law, which are applicable only in a particular area."

Sample of Sources Used:

• Atiyah, P. S. (1995). Law and Modern Society (2nd ed.). Oxford, UK: Oxford University Press
• Harris, P. (2007). An Introduction to Law (7th ed.). Cambridge, UK: Cambridge University Press
• Martin, J (2005). The English Legal System (4th ed.). London, UK: Hodder Arnold

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