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Introduction to the English Legal System: Some key

concepts.

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1. Define the ‘separation of powers’, ‘the rule of law’, ‘parliamentary sovereignty’, ‘the UK constitution’, ‘the criminal/civil distinction’, ‘standards of proof’

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Separation of Powers

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A.V. Dicey, (1885), The Rule of Law

1. Parliament may introduce any law it wishes2. Parliament can not bind future Parliaments3. Laws made by Parliament override all other

forms of law4. The courts must apply the laws made by

Parliament.

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Parliamentary Sovereignty

The central doctrine of the UK constitution which states that:1. Parliament is the supreme law making body in

the country (can make or unmake any law)2. Parliament cannot bind future parliaments in

decision making 3. Parliaments decisions cannot be overturned

by any higher authority (only Parl. can make law)

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What is ‘The’ UK Constitution?

• A legal framework detailing the composition and responsibilities of the institutions of govt. and describing their relationship both with each other and with the country’s citizens

• This implies the operation of constraints on the exercise of power

• Unconstitutional behaviour is anything that falls outside the accepted rules and norms of the political system

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Codified or Uncodified?

• A codified constitution is when the laws, rules and principles specifying how a state is to be governed are set out in a single legally entrenched constitutional document.

• An uncodified constitution is when the laws, rules and principles specifying how a state is to be governed are not set out in a single legally entrenched document but are found in a variety of sources such as statute law and EU law.

• The UK, Israel and New Zealand (and San Marino) are the only nations which have an uncodified constitutions.

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Sources of the UK Constitution

Statute lawActs of Parliament i.e. The Children Act 1989

Common lawLaws developed by judges through the decisions of courts setting precedent in areas of conflict or disputei.e. Gillick v West Norfolk and Wisbech Area Health Authority [1985]OrR v (B) (The boyfriend of Baby Peter’s mother) (C) (Baby Peter’s mother) and Jason Owen

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The English legal system: Criminal and Civil Relationships

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Criminal Courts• The main criminal courts in England and Wales are:

1. The Magistrates’ Courts;

2. The Crown Court.

All criminal cffences are classified as one of the following:

• Summary only offences, triable only in the Magistrates’ Courts;• Either way offences, triable either in the Magistrates’ Courts or the Crown

Court;• Indictable only offences, triable only in the Crown Court.

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Criminal Standard of Proof

‘Beyond reasonable doubt’.Generally, the prosecution (R) must prove this.There is a presumption of innocence; ‘innocent until proven guilty’.

Summed up in Blackstone’s formulation: "It is better that ten guilty persons escape than that one innocent suffer“.

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Civil Standard of Proof

• On the ‘balance of probabilities’• Even though the standard of proof is lower in

civil cases the use of such a standard is that in some cases the question of the probability or the improbability of a happening is an imperative consideration to be taken into account in deciding whether that event has actually taken place or not.