SOURCE OF ENGLISH LAW

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Source Of English Law

English Law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except for Louisiana (as opposed civil law or pluralist systems in use in other countries). It was exported to Commonwealth countries while the British Empire was created and maintained, and that is the basis of the jurisprudence of most countries. English Law before the American Revolution is part of United States law by the statutes of receipt, except in Louisiana, and provides the basis for many legal and political traditions of America, although not jurisdiction is more recent.

English law in its strictest sense applies within the jurisdiction of England and Wales. While Wales is now a delegate to the Assembly, any legislation enacted, the Assembly adopted, in particular circumscribed policy areas defined by the Government of Wales Act 2006, other laws of the United UnidoParlamento, or by orders in council given under the authority of the 2006 Act. In addition the legislation is, as with any law made by any other body in England and Wales, played by the judiciary of England and Wales undivided. See also below.

The essence of English common law is to be made by judges in courts, applying common sense and knowledge of legal precedent (stare decisis) to the facts before them. The decision by the highest court of appeal in England and Wales, the UK High Court is binding on all other courts in the hierarchy, and follow their instructions. For example, there is no law making it illegal to murder It is a common law offense -. So although there is no Act of Parliament in writing that the unlawful killing, is illegal under the constitutional authority of the courts and their previous decisions. common law can be amended or repealed by Parliament; murder, by way of example, carries a mandatory life sentence today, but had previously allowed the death penalty.

England and Wales are constituent countries of the United Kingdom, a member of the European Union. Therefore, EU legislation is part of English law. The European Union consists mainly of countries which use civil law and so the civil law system in England is also in this way. The European Court of Justice can order English and Welsh courts in the sense of areas of law on which the EU has adopted a law.

The oldest written law currently in force is the Distress Act, part of the Statute of Marlborough, 1267 (52 Hen. 3). Three sections of the Magna Carta, originally signed in 1215 and a milestone in the development of English law, are preserved, but it could be said that the date for the consolidation of the law in 1297.

The UK is a state formed by several jurisdictions: (a) England and Wales, Scotland (b) and (c) Northern Ireland. The jurisdiction formerly separate Wales was absorbed into England by Henry VII ...