This chapter discusses the administration of the legal system and introduces its essential elements. It begins by identifying the various sources of law in England and Wales and continues with an examination of the roles played by the judiciary in interpreting and applying legislation. It demonstrates the active and important role adopted by judges in giving the full effect of the law. It considers the law-making process, along with the workings of the parliamentary system and the use of delegated legislation. It also considers the sources of the law to identify where laws may derive, and delineates the ‘hierarchy’ of laws in England. The chapter concludes by identifying and critiquing the ability of Parliament to delegate the responsibility of passing legislation.
Chapter
3. Creating, Finding, and Applying the Law
Chapter
1. The Nature of English Law
This chapter first explains the meaning of law. It then discusses the historical development and characteristics of English law, and the different types of law (public law, private law, criminal law, and civil law). Laws are rules and regulations which govern the activities of persons within a country. In England and Wales, laws are composed of three main elements: legislation which is created through Parliament; common law; and, until the UK leaves the EU, directly enforceable EU law. This chapter also considers the terminology used for criminal prosecutions and civil actions, and outlines the legal profession in England and Wales.
