National And International Legal System

This essay comprises of two parts . The first part concerns itself with the think over of the balance between the roles of Parliament , which is the supreme law- qualification body in the linked Kingdom and that of the judiciary whose traditional function is considered to be restricted to `applying the law make by Parliament . foster , the development of Common Law , the role of slope courts in making the laws , the part played by parliament in making legislation and the importance of the European Community and its success over the laws of the United Kingdom are discussed in outline . Moreover , the applicability of the doctrine of view decisis in variant cases and its importance in making the law in the United Kingdom are elaborated uponIn the second part legal creativity , precision , flexibility of making ends by judge and the advantages of predictability while arriving at conclusions are discussed in brief . The dangers intrinsic in the application of the doctrine of Stare Decisis , as it limits the flexibility and unassailability of some principles were discussed in detail in the light of the decision in the case of R v RThe doctrine of judicial precedent relates to the importance of case law in the British Legal System and in reality connotes the lawyer s stipulation for legal experience . It is one s common experience that we race to repeat things we have done beforehand and the law does not differ much from this experience . Miles Kington was quoted in Punch as stating that judicial precedent connotes , `A trick which has been tried before success to the full This constitutes the principle of stare rationibus decidendis usually termed as stare decisis . Its translation is `Let the decision stand . Stare rationibus decidendi is the more(prenominal) accurate term because , it is the reasoning or rationibus that is the vital cover song element in judicial precedentPart 1 In English law there are three main institutional point of references .Parliament , the courts and the European Community (J .

A Holland and J .S . Webb (2003 , Learning Legal Rules , Oxford University military press , at page 3Discuss the importance of two of these sources to the law making process in England and WalesThe legal systems of the United Kingdom were generally based on judicial precedent until around the 17th century with each jurisdiction developing its own abidance of the common law . Subsequently , new laws and law reform emerged due to the various Acts of Parliament . Nevertheless case-law has remained an important source of law and a statement of law made in a case has often become binding on later judgesThe requirements for a particular pronouncement or a precedent , by a judge while decision making a case to be binding on consequent judges , due to the doctrine of stare decisis , requires that it should have been made by a sufficiently senior court . basically , judges at the lowest rungs of decision making cannot coming back binding precedents , because in many instances , the cases are not fully reported and thereby rendering unclear what has been decided . further , these judges...If you want to get a full essay, order it on our website: Orderessay

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