1. Introduction to the English Legal System

2017 ◽  
Author(s):  
Mark Thomas ◽  
Claire McGourlay
Keyword(s):  
Northern Ireland ◽  
Legal System ◽  
Essential Information ◽  
England And Wales ◽  
System P ◽  
Parliamentary Supremacy ◽  
The Uk

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. This introductory chapter provides an overview of the English legal system (ELS). The study of ELS involves the study of the legal system of both England and Wales; Scotland and Northern Ireland are subject to a separate yet connected legal system. These four countries are subjected to the laws of the UK; however, each individual constituent has devolved powers allowing them to legislate in particular areas. Where a conflict between laws of the UK and laws of the constituent country arises, the UK law takes precedence. The effect of devolution from the UK to Scotland, Wales, and Northern Ireland does not affect this parliamentary supremacy. Indeed, it has been argued for some time that devolution of power has not gone far enough in allowing Scotland or Northern Ireland to govern themselves.

1. Introduction to the English Legal System

2020 ◽  
pp. 1-18
Author(s):  
Mark Thomas ◽  
Claire McGourlay
Keyword(s):  
Northern Ireland ◽  
Legal System ◽  
Essential Information ◽  
England And Wales ◽  
System P ◽  
Parliamentary Supremacy ◽  
The Uk

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. This introductory chapter provides an overview of the English legal system (ELS). The study of ELS involves the study of the legal system of both England and Wales; Scotland and Northern Ireland are subject to a separate, yet connected legal system. These four countries are subjected to the laws of the UK; however, each individual constituent has devolved powers allowing them to legislate in particular areas. Where a conflict between laws of the UK and laws of the constituent country arises, the UK law takes precedence. The effect of devolution from the UK to Scotland, Wales, and Northern Ireland does not affect this parliamentary supremacy. Indeed, it has been argued for some time that devolution of power has not gone far enough in allowing Scotland or Northern Ireland to govern themselves.

Scotland

2015 ◽  
Author(s):  
Adrian Ward
Keyword(s):  
United Kingdom ◽  
Great Britain ◽  
Northern Ireland ◽  
Legal System ◽  
The United Kingdom ◽  
System P

Introduction and Background As one of the constituent nations of the United Kingdom of Great Britain and Northern Ireland (‘UK’), Scotland has always retained its separate legal system. Scotland occupies the northern part of the island of Great Britain, together with some...

1. The English legal system

2019 ◽  
pp. 1-14
Author(s):  
James Marson ◽  
Katy Ferris
Keyword(s):  
Human Rights ◽  
Dispute Resolution ◽  
Legal System ◽  
Essential Information ◽  
System P ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Impact ◽  
Commercial Relationships ◽  
The Eu

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the English legal system. It provides an overview of the courts in the civil and criminal divisions, and their hierarchy. It discusses the source of law, delegated legislation, the impact of membership in the EU and the Human Rights Act 1998, and alternative forms of dispute resolution (ADR). The implications of ADR are increasingly important in civil disputes and essential between businesses where traditional court action can destroy commercial relationships.

The Children Act 1989 and the Children (Scotland) Act 1995 a Comparative Look

1997 ◽  
Vol 21 (3) ◽  
pp. 14-22
Author(s):  
E. Kay M. Tisdall ◽  
Alexandra Plumtree
Keyword(s):  
Northern Ireland ◽  
England And Wales ◽  
Conceptual Changes ◽  
The Uk

Over a period of six years, children's legislation has been revised across the UK. The Children Act, which largely applies to England and Wales, was enacted in 1989 and implemented in 1991. Northern Ireland and Scotland had to wait several years for their parallel legislation; it was not until 1995 that the Children (Northern Ireland) Order and the Children (Scotland) Act were passed by Parliament. Much can be learnt from comparing the different legislation and, more importantly, their implementation. Writing from a Scottish perspective, E. Kay M. Tisdall and Alexandra Plumtree compare the Children (Scotland) Act 1995 with the Children Act 1989. They begin with a brief introduction to the two Acts, outlining some of the major conceptual changes, and go on to concentrate on two areas: children in need and inter-agency co-operation. The article concludes by reflecting on the lessons that can be learnt from the English and Welsh experience.

scholarly journals Different laws, same principles: mental health and incapacity legislation across the UK

2010 ◽  
Vol 16 (3) ◽  
pp. 158-160
Author(s):  
Donald Lyons
Keyword(s):  
Mental Health ◽  
Northern Ireland ◽  
Ethical Practice ◽  
England And Wales ◽  
Mental Health Legislation ◽  
Critical Issues ◽  
Care And Treatment ◽  
The Uk ◽  
Health Legislation

SummaryEngland and Wales, Scotland and Northern Ireland are all at different stages in developing their mental health legislation. All jurisdictions have encountered problems in interpretation and operation of the various acts. As an introduction to a series of articles to appear in Advances on mental health and incapacity law, this editorial offers a commentary on some of the critical issues and suggests some key principles that everyone should follow in order to provide care and treatment that accords with best legal and ethical practice.

3. The rule of law

2021 ◽  
pp. 23-37
Author(s):  
Colin Faragher
Keyword(s):  
Rule Of Law ◽  
Criminal Law ◽  
Legal System ◽  
Essential Information ◽  
The Rule Of Law ◽  
Key Features ◽  
The Uk ◽  
Discretionary Powers

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the meaning of the rule of law; government according to law; the key features of a legal system based on the rule of law; whether the UK legal system complies with Dicey’s conception of the rule of law, whether wide arbitrary and discretionary powers are ever justified, privileges and immunities, and whether the courts ought to be able to extend the criminal law.

1. The English Legal System

2021 ◽  
pp. 1-18
Author(s):  
Alisdair A. Gillespie ◽  
Siobhan Weare
Keyword(s):  
United Kingdom ◽  
Great Britain ◽  
Northern Ireland ◽  
Legal System ◽  
Common Law ◽  
Adversarial System ◽  
The United Kingdom ◽  
System P

This chapter provides an introduction to the English Legal System. Specifically, it explains the meaning of the terms ‘English’, ‘legal’, and ‘system’. It first provides an overview of the constituent parts of the United Kingdom of Great Britain and Northern Ireland, namely England, Wales, Scotland, and Northern Ireland. It describes the types of law that exist and attempts to define what law is. It then discusses the English legal system, which is based on common law and is an adversarial system.

scholarly journals Charitable Incorporated Organisations: An Analysis of the Three UK Jurisdictions

2015 ◽  
Vol 6 (1) ◽  
pp. 25-44
Author(s):  
Gareth G. Morgan
Keyword(s):  
Northern Ireland ◽  
Limited Liability ◽  
Legal Form ◽  
England And Wales ◽  
Corporate Body ◽  
Legal Forms ◽  
Charitable Associations ◽  
Definition Of ◽  
The Uk ◽  
Charity Regulation

AbstractThe specific legal forms available for charitable organisations have received much less attention by scholars as compared to work on the definition of charity, the boundaries of charitable status and the duties of charity trustees. Under each of the three UK jurisdictions, it could be argued that all charitable property is held on trust (in the sense that it is held for interests of the charity’s beneficiaries) but many charities are no longer formed using the structure of a trust. Charitable organisations can have many possible structures including charitable trusts, charitable associations, charitable companies and now charitable incorporated organisations (CIOs). Until recently the UK lacked any specific legal form for charities. The CIO was created to remedy this: a corporate body with limited liability, formed purely by registration with the appropriate charity regulator. Since 2008 it has been enshrined in statute in all three UK jurisdictions, though implementation dates only from 2011 in Scotland and from 2013 in England and Wales. The focus of this paper is a comparison of the CIO form in the three UK charity law jurisdictions. It analyses the frameworks for CIOs established in England and Wales, Scottish CIOs (SCIOs) and the (yet to be implemented) CIOs in Northern Ireland. It concludes that whilst the CIO concept is effectively reflected in all three jurisdictions, the differences between these three types of CIOs are much more than just those needed to comply with the different regimes of charity regulation – the differences raise important choices for those seeking to establish new charities operating UK-wide.

Epidemiology of Analgesic Overdose in England and Wales

1984 ◽  
Vol 3 (1_suppl) ◽  
pp. 61s-74S ◽  
Author(s):  
T.J. Meredith ◽  
J.A. Vale
Keyword(s):  
Carbon Monoxide ◽  
Northern Ireland ◽  
Hospital Admissions ◽  
Acute Poisoning ◽  
Paracetamol Poisoning ◽  
England And Wales ◽  
Analgesic Drugs ◽  
Salicylate Intoxication ◽  
The Uk ◽  
Hospital Use

1 The number of deaths from acute poisoning in England and Wales has remained constant at approximately 4000 per annum for the last 10 years despite major changes in the agents responsible. Deaths due to carbon monoxide and barbiturate and non-barbiturate hypnotics have fallen, while those due to psychotropic and analgesic drugs have risen. 2 The number of hospital admissions in England and Wales due to analgesics taken in overdose has risen from 15 940 in 1968 to 24 930 in 1980, with aspirin and paracetamol being the preparations most commonly ingested. Currently, the mortality from salicylate intoxication is falling while that due to paracetamol is rising. In 1980, the Office of Population Censuses and Surveys recorded 790 deaths from analgesic poisoning, of which 181 were due to salicylates and 152 to paracetamol alone. A further 269 deaths were attributed to paracetamol and dextropropoxyphene, and an additional 132 deaths were thought to be due to paracetamol in combination with other drugs. 3 An important factor in the changing mortality from salicylate and paracetamol poisoning is the trend observed in the sales and usage of these agents. Since 1979, the number of analgesic tablets containing aspirin sold in the UK (except Northern Ireland), excluding hospital use, has fallen by 326 x 106, while sales of those containing paracetamol have increased by 395 × 106 tablets.

4. The separation of powers

2019 ◽  
pp. 41-55
Author(s):  
Colin Faragher
Keyword(s):  
European Union ◽  
Separation Of Powers ◽  
Civil Procedure ◽  
The European Union ◽  
Essential Information ◽  
England And Wales ◽  
Uk Government ◽  
The Uk ◽  
The Relationship

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the meaning of separation of powers; what judges say about the separation of powers in the UK; what statutes say about the separation of powers in the UK; whether the UK Government is based on the separation of powers; the relationship between the executive and the legislature, the relationship between the executive and the legislature in the process of departure from the European Union, the whip system and backbench revolts, the relationship between the executive and the judiciary, the independence of the judiciary, the appointment and dismissal of judges, the Civil Procedure Rule Committee, the Sentencing Council for England and Wales, and the relationship between the courts and Parliament.

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