The House of Lords The House of Lords which is the upper chamber of the Parliament, is a permanent chamber and organized basically on hereditary principles. Split of Parliament into two Houses took place during the period of Edward III when he convened the meeting of Model Parliament. During the session of this Parliament, the […]
4) Introduction to english law
The Parliament : the House of Commons British parliament has been regarded as the earliest of the modern Parliaments and as such called Mother Parliament. King in Parliament regarded as the legal sovereign in British Constitutional System; and the constitutional validity of the laws enacted by the Parliament can not be challenged in any court
HOW A BILL BECOMES AN ACT IN THE ENGLISH PARLIAMENT First Reading – the Bill is formally introduced into the House of Commons Second Reading – there is a general debate on the floor of the House and then a vote is taken. The vote may have two results: (i) a majority vote in
THE DOCTRINE OF JUDICIAL PRECEDENT The starting point from which to explain the English doctrine of precedent is the principle of justice that like cases should be decided alike. This principle is enforced in English law by the rule of stare decisis (Latin term which means to observe the previous decisions, namely the precedent).
The Magna Carta This major piece of legislation was first enacted in 1215. King John was forced to accept it under threat of civil war. It was the earliest attempt to limit the powers of the monarch and define the extent of the rights and liberties of subjects. The Magna Carta required King John
STATUTE LAW definition of statute law : Statute law, also known as legislation or statutory law, is a type of law that is created by a legislative body, such as the United Kingdom’s Parliament or the United States’ Congress. Statute law is written down in a formal document, called a statute or an act,
What is Equity in English law ? Definition of equity : Equity is a body of rules that evolved mainly in the 15th and 16th centuries to complete the common law system which had become insufficient and defective. When the royal courts applying the common law could not be seized of a case or could
ORIGINS OF THE ENGLISH LEGAL SYSTEM : history and evolution of common law in England and Wales? In order to speak about the origins of the English legal system, the first thing that we have to clarify is the notion of English law. The United Kingdom is made up of Great Britain and Northern Ireland.
Equity and Maxims of Equity In English law, « equity » refers to the set of legal principles, doctrines, and remedies that supplement strict rules of law. It is based on the principles of fairness and justice, and is used to resolve disputes and correct legal injustices. Les autres fiches de cours : Law course
The rule of precedent. One of the main differences between the common law legal system and the Roman-Germanic legal systems is to be found in their definition of the rule of law. This difference corresponds to the respective importance of caselaw and legislation in the two systems. Caselaw being regarded as the most important source