Law is a very important aspect of our lives which lays down the principles of our day to day activities. There is not a right or wrong definition of law, however it can be defined in various ways such as a set of rules and regulations created by the Parliament enforced through institutions that plays an important role in the creation and maintenance of social order and which regulates every aspect of our lives, another definition is provided by Sir John Salmond who defines law “as being the body of principles recognised and applied by the state in the administration of justice”.
In the United Kingdom, out of 40 major regions England and Wales shares the same legal system which is the English Legal System as commonly known and which is the basis of the common law, and is the same system used in most commonwealth countries.
Morality is what is right and wrong according to values or beliefs governing a community’s behaviour, and it is not fixed which means it can change over the time has time changes and generally morality has to do with beliefs and differs from country to country and from individual to individual.
Moral standards of a community are known to have a particular influence on the development of law, but law and morality do overlap on major issues, but may differ on other matters. In England and Wales there have been a shift from religious beliefs and the way the law has developed reveal this and an example of this is when abortion was legalised in 1967, yet some people still believe that is morally wrong but the law consent to it, having said that there are differences between law and morality, in the way they develop and the sanctions imposed. Morality cannot be changed intentionally but evolves slowly and according...
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...gal assistance if you cannot afford it, to have witnesses for and against you treated in the same way and to have the free assistance of an interpreter if you cannot understand or speak the language used in court, and if any of these rights are breached then the trial may not be fair. The right of a fair trial also include making clear in one’s mind that they have access to the court in the first place without prejudice and discrimination.
The right of a fair trial goes ahead of matters being properly dealt with in a court hearing, the whole legal procedure must be considered, taking into account whether or not a trial is fair can include making sure that proper procedures have been followed by the police at the investigation and charging stages and also it can require that any decision making process should include an appeal stage.
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Legislation and the Common law are not separate and independent sources of law. They exist in a symbiotic relationship. Symbiotic relationship refers to the two different sources of legal norms that provide the sum of rules establish system as a whole. (Brodie v Singleton Shire Council (2001) 206 CLR 512, 532 [31])
accused of a crime. The individual has a right to a trial and to be judged by a
The first right I will talk about, is the right for speedy trial. There are two factors to consider: the...
In every society around the world, the law is affecting everyone since it shapes the behavior and sense of right and wrong for every citizen in society. Laws are meant to control a society’s behavior by outlining the accepted forms of conduct. The law is designed as a neutral aspect existent to solve society’s problems, a system specially designed to provide people with peace and order. The legal system runs more efficiently when people understand the laws they are intended to follow along with their legal rights and responsibilities.
Citizens of the United States are given the right to a fair trial. Over the course of the development of the American jury system, citizens are allowed to the right to meet one’s accuser, be represented by his/her peers and protection from being tried more than once on any convicted crime. The jury system has evolved from a representation of all white men to both men and women from very diverse backgrounds. This is important if one is going to be tried in his/her community of peers.
Everyone in the United States have specific rights when they are criminally accused. “I consider trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution.” This quote was from Thomas Jefferson. Trial by jury goes along with everyone having rights when they are accused, it is one of the basic things in the bill of rights, that when you are accused, you have the right to a trial by jury. There are many other rights as well.
Morals however can be seen as principles of right or wrong as a result of a person’s conscious or social view on behaviour. The word morality comes from the Latin word ‘mos’ – meaning custom, habit or usage that is defined by mans will rather than law. They are customs developed over time which may eventually become laws. Religion is arguably the largest source of morality, for example the UK’s laws on murder and theft can be traced back to the 10 commandments.
The concept of ‘the rule of law’ has been discussed by many. Professor Geoffrey Walker in his 1988 paper wrote ‘…most of the content of the rule of law can be summed up in two points: (1) that the people (including, one should add, the government) should be ruled by the law and obey it and (2) that the law should be such that people will be able (and, one should add, willing) to be guided by it’.
Parliament, the supreme law-making body, has an unrestricted legislative power, and the laws it passes cannot be set aside by the courts. The role of judges, in relation to laws enacted by Parliament, is to interpret and apply them, rather than to pass judgment on whether they are good or bad laws. However, evidence has shown that they have a tendency to deviate from their ‘real roles’ and instead formulate laws on their own terms. Thus the real role of a judge in any legal system continues to be a phenomenon questioned by many. We must consider whether they are “authoritarian law-makers, or if their profession makes them mere declarers of the law” . In this essay, I will argue the ways that judges do make law as well as discussing the contrary.
The rule of law, simply put, is a principle that no one is above the law. This means that there should be no leniency for a person because of peerage, sex, religion or financial standing. England and Wales do not have a written constitution therefore the Rule of Law, which along with the parliamentary Sovereignty was regarded by legal analyst A.C Dicey, as the pillars of the UK Constitution. The Rule of Law was said to be adopted as the “unwritten constitution of Great Britain”.
The rule of law is one of the key constitutional principles that help’s to ensure fairness and democracy in the UK’s constitution. The basic definition of the rule of law is that nobody can override the law; everyone and anyone must obey the law in its full entirety. The rule of law holds an important role in the constitution. However, the concept is something that cannot be easily defined and is subject to change as society evolves. This constitutional principle matters because society needs to be able to uphold a strong balance between regulation and structure. The rule of law has no single meaning and
Law is the framework which applies to members of the community and sets the binding values and standards recognized by its subjects. It regulates their behaviour and it reflects the principles ...
According to Reference.com (2007), law is defined as: "rules of conduct of any organized society, however simple or small, that are enforced by threat of punishment if they are violated. Modern law has a wide sweep and regulates many branches of conduct." Essentially law is the rules and regulations that aid in governing conduct, handling disputes, and dealing with criminal actions.
The Rule of Law means that the state should govern its citizens, in a way which works with the rules that have been agreed on. The Rule of Law is simply a fundamental principle of our constitution. Britain and other Western democracies are different in that Britain has an unwritten constitution, meaning that our constitution is not found in a certain document but that we actually have a constitution from the rules about who governs it, and about the powers they entail and how that power can be passed or even transferred. The Constitution includes; Acts of Parliament, Judicial decisions and Conventions.There are three main principles around the Rule of Law being the separation of powers, the supremacy of Parliament and the Rule of Law. The
Both law and morality serve to regulate behaviour in society. Morality is defined as a set of key values, attitudes and beliefs giving a standard in which we ‘should’ behave. Law, however, is defined as regulating behaviour which is enforced among society for everyone to abide by. It is said that both, however, are normative which means they both indicate how we should behave and therefore can both be classed as a guideline in which society acts, meaning neither is more effective or important than the other. Law and morals have clear differences in how and why they are made. Law, for example, comes from Parliament and Judges and will be made in a formal, legal institution which result in formal consequences when broken. Whereas morals are formed under the influence of family, friends, media or religion and they become personal matters of individual consciences. They result in no formal consequence but may result in a social disapproval which is shown also to occur when breaking the law.