The Sources of English Law

The Sources of English Law

In UK there are three main sources of English law, Legislation (Statue

Law), Common Law (Judge-made Law) and the European Communities law.

English Law was historically based on customs and social traditions.

Today Custom Law is a part of Common Law, notably being in cases where

there was no judicial precedent but which were known to exist since

time memorial (i.e. since 1189). Many of these laws such as the

Fisherman's Case (1894) 2 East PC 661(

http://wilmington.butterworths.co.uk/citator-0/Citator.ASP?WCI=tmpSearch&WCE=Form&WCU=)

in criminal law and Beckett Ltd v. Lyons [1967] 1 All ER 833 the law

of user in Land Law are still good law. Custom law can still be used

to argue a case provided the conditions set out by law are met. It is

important to remember though that 'law never goes out of date, and it

does not become obsolete because of passage of time' (Pg 41, Longshaw,

A & Hughes, M W200: Understanding Law - Manual 1 (6th Edition),

(2002), Oxford University Press, Oxford).

Legislation however, is probably the most important source of law in

the UK. It is made by 'the Queen in Parliament', i.e. the House of

Commons, the House of Lords and the Monarch. Proposals for legislation

('Bills') are presented to debate by and voted upon by the House of

Common and the House of Lords, finally receiving the assent of the

Monarch and thus becoming Acts (Statutes) of Parliament.

Public Bills are intended to alter the general law and be generally

applicable. Bills can be introduced by the government as a part of its

legislative programme or by a Member of the Parliament as a Private

Member's Bill, for example t...

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... Communities Act 1972 had been enacted all EC Law became part

of our national law. This means that if a national law conflicts with

the EC law, the UK courts are required to apply the EC law in

preference to the national law. Although nothing abridges the ultimate

power of Parliament to set, for example, stricter standards than EC

Law demands.

BIBLIOGRAPHY

1. Slapper G. and Kelly D. The English Legal System (5th Edition),

(2001) Cavendish Publishing Ltd, London.

2. Longshaw, A & Hughes, M W200: Understanding Law - Manual 1 (6th

Edition), (2002), Oxford University Press, Oxford).

3. Penner J. E. Law Dictionary (12th Eidtion), (2001) Butterworths,

London).

4. http://www.lawcampus.butterworths.com/log_in.htm

5.

http://athens.butterworths.co.uk/athenslogin/FormsLogin.asp?/athenslogin/buttlogin.htm