The overall aim of this chapter is to provide a commentary concerning the relationships and differences between the areas of the ECHR, EU, EC and EC law to assist in the management of the study of these complex areas in relation to English law and in their own right. The detailed study of these areas, for law students, will occur in your English legal system, public law and European law courses. 5.2 LEARNING OUTCOMES By the end of this chapter and the associated reading, readers should: • be able to understand the general consequences and standard format of a Treaty and how it is internally organised and subsequently amended; • be able to explain the context within which European human rights operate and how it affects the English legal system; • be able to place the English HRA 1998 in its appropriate context and explain how it relates to the ECHR; • be able to describe the various types of secondary legislation produced by the EC; • be able to distinguish between primary and secondary EC law; • be able to discuss the similarities and differences between the EC and the EU; • understand the difference between the European Court of Human Rights (ECtHR) and the ECJ; • understand the role of the ECJ; • understand the relationship between the English legal system, the EC and the EU; • appreciate the difference in style and rationale between European legal judgments and legislation and English legal judgments and legislation. 5.3 READING AND UNDERSTANDING TREATIES Many of the difficulties encountered by students of English law approaching its European dimension are the vast number of unfamiliar terms. Often students do not appreciate the international nature of treaties and their normal effect. Therefore when discussing the peculiarities of the English approach to international treaties made by the UK Government confusions creep in. This section of the chapter is therefore designed to give a brief introduction to the general purpose and format of treaties.

2012 ◽  
pp. 128-128
Keyword(s):  
Human Rights ◽  
Legal System ◽  
General Purpose ◽  
International Treaties ◽  
English Law ◽  
The Difference ◽  
The Uk ◽  
Legal Judgments ◽  
Ec Law ◽  
The Eu

Figure 5.7: the institutions of the Council of Europe 5.4.3 Relationship of the Convention with English law The UK has had many cases brought against it by individuals, and its track record in relation to human rights has been demonstrated to be worrying. Between 1975 and 1990, 30 cases were brought against the UK and in 21 of these cases the ECtHR found that the government had violated the ECHR. By 1997, the number of successful applications against the UK had risen to 50. In 1997, when the Labour government came into power one of its election promises was to incorporate these Convention rights into English law. 5.4.3.1 1951–98 As an international treaty the Convention had no force within the English legal system, and Convention rights were not enforceable in English courts. However, the UK government could be taken to the ECtHR by individuals and, as noted above, it was. But, having said that, although the Convention had no force in the English legal system, it was not ignored over the course of almost 50 years between 1951 and 1998. English courts were indeed influenced by the Convention in a range of ways. Judges in the House of Lords stated that they would presume that Parliament

2012 ◽  
pp. 136-136
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Council Of Europe ◽  
International Treaty ◽  
Track Record ◽  
House Of Lords ◽  
English Law ◽  
The Government ◽  
The Uk ◽  
Relationship Of

There is little usage of what may be described as the forensic skill of the English judge. The major part of the report concerns summaries of the arguments put forward by both parties, the Advocate General, other interested Member States, and the governments of affected Member States. Given the detail of the summarised arguments, and the range of arguments presented, it is interesting to note that it is acceptable for the Court to dismiss arguments without reasons. Theoretically, of course, an English judge could do the same, but the entrenched method of reasoning by analogy based on precedent makes such a course of action unlikely. 5.7 SUMMARY This chapter has attempted to give an outline description of the main areas where English law needs to be read and understood in its European dimension. These areas are the law relating to human rights, and the EU and its law making powers (EC law). The chapter began with a basic introduction to the idea of treaties in general as the main method of the British government making political agreements— agreements that are usually operative at the level of international law. The chapter then explained the ways in which the law relating to human rights and the legal aspects of the EU have become part of English law.

2012 ◽  
pp. 186-186
Keyword(s):  
Human Rights ◽  
Major Part ◽  
Legal Aspects ◽  
Member States ◽  
Course Of Action ◽  
English Law ◽  
The Law ◽  
Ec Law ◽  
Reasoning By Analogy ◽  
The Eu

3. Sources of English Law

2017 ◽  
Author(s):  
Lucy Jones
Keyword(s):  
Human Rights ◽  
Case Law ◽  
European Convention ◽  
Eu Law ◽  
The European Union ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
English Law ◽  
The Uk ◽  
The Eu

This chapter discusses the sources of English law, legislation, custom, case law, and EU law. It includes detail of how an Act of Parliament is created, an explanation of delegated legislation, and how legislation is interpreted by the courts. In considering case law, the importance of judicial precedent and how the system of precedence functions is fully explained. The chapter also discusses the major institutions of the EU including the jurisdiction of the Court of Justice of the European Union. The sources of EU law, treaties, regulations, directives, and decisions are outlined. The chapter discusses the 2016 referendum and the position of EU law in the UK during the negotiation period for the UK’s exit from the EU. Detail is given of the rights protected under the European Convention on Human Rights and Fundamental Freedoms and the impact of the Human Rights Act 1998.

3. Sources of English Law

2019 ◽  
pp. 41-74
Author(s):  
Lucy Jones
Keyword(s):  
Human Rights ◽  
Case Law ◽  
European Convention ◽  
Eu Law ◽  
The European Union ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
English Law ◽  
The Uk ◽  
The Eu

This chapter discusses the sources of English law, legislation, custom, case law, and EU law. It includes detail of how an Act of Parliament is created, an explanation of delegated legislation, and how legislation is interpreted by the courts. In considering case law, the importance of judicial precedent and how the system of precedence functions is fully explained. The chapter also discusses the major institutions of the EU including the jurisdiction of the Court of Justice of the European Union. The sources of EU law, treaties, regulations, directives, and decisions are outlined. The chapter outlines the 2016 referendum and the position of EU law in the UK during the negotiation period for the UK’s exit from the EU and the likely impact of the UK’s exit from the EU. Detail is given of the rights protected under the European Convention on Human Rights and Fundamental Freedoms and the impact of the Human Rights Act 1998.

A general right to a minimum wage in English law: an argument from generic consistency

Legal Studies ◽  
1997 ◽  
Vol 17 (2) ◽  
pp. 234-257
Author(s):  
Deryck Beyleveld ◽  
Charlotte Villiers
Keyword(s):  
Minimum Wage ◽  
Common Law ◽  
International Treaties ◽  
Cultural Rights ◽  
The Social ◽  
The Common ◽  
English Law ◽  
The Uk ◽  
Ec Law ◽  
Domestic Law

Is there a general right to a minimum wage in English law? That we even ask this question might prompt a suspicion that we have taken leave of our senses. After all, no general right to a minimum wage exists in statutes or in the common law, and the situation is not altered by the incorporation of European Community (EC) law into domestic law by the European Communities Act 1972 -for, while it is true that the Social Chapter of the Maastricht Treaty may be interpreted as granting a general right to a minimum wage, the UK has opted out of this chapter?Certainly, the UK is party to international treaties and conventions - most notably the European Social Charter (ESC) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) - that expressly grant a general right to a minimum wage.

scholarly journals The Standards of Proof in Medical Malpractice Cases

2020 ◽  
Vol 13 (2) ◽  
pp. 173-196
Author(s):  
Nina Cek
Keyword(s):  
Human Rights ◽  
Informed Consent ◽  
Legal System ◽  
Medical Error ◽  
Medical Malpractice ◽  
Civil Proceedings ◽  
Standards Of Proof ◽  
Evaluation Of Evidence ◽  
Procedural Aspect ◽  
The Eu

The article examines the procedural aspect of medical malpractice cases. It focuses on the differences in proof standards by first explaining the characteristics of the Slovenian legal system and then comparing it with German and English legal systems. The author sheds light on the EU court's approach on the question of the responsibility of the manufacturer for the product (vaccine) and suggests the direction to use a broader framework for the evaluation of evidence and presumptions. Given the disclosed problems of proving through a medical expert's help, the article emphasizes the importance of respect for human rights in civil proceedings. Particular emphasis is also placed on no-fault systems. The question is raised of how introducing such a system into the Slovenian legal system would affect the perceived problem of proving a medical error and informed consent omission.

The gypsy’s lot: myth and reality

2017 ◽  
Author(s):  
Robert Jago
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Lived Experiences ◽  
European Court ◽  
The Law ◽  
The Uk ◽  
The Relationship

This chapter focuses on the lived experiences of gypsies (collectively referred to as gypsies rather than Roma or travellers). The author argues that the relationship between the legal system and the specific lifestyle of this group is itself causing many tensions which cannot be separated from the long-held myths about gypsies. Jago shows how the standing of gypsies in the UK legal system has, in turn, become the object of various myths. He demonstrates how judgements by the European Court of Human Rights in favour of gypsy claims created in many an image of the law being always on the side of the gypsy. A perception which Jago demonstrates is far from true. After addressing the nature and role of myths in general the author illustrates the tension between positive, romanticised myths about the freedom of gypsy lifestyle and three derogatory myths, namely gypsies as "child-snatchers", as thieves and as "land grabbers". Jago illustrates that these myths are linked to deep-rooted beliefs around property and its ownership.

The EU’s engagement with foreign powers on human rights

2020 ◽  
pp. 265-292
Author(s):  
Francisca Costa Reis ◽  
Weiyuan Gao ◽  
Vineet Hegde
Keyword(s):  
Human Rights ◽  
Lisbon Treaty ◽  
The European Union ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Cohesive Group ◽  
The Difference ◽  
Economic Partnership ◽  
Set Up ◽  
The Eu

With a mandate under the Lisbon Treaty, the European Union (EU) has been engaging with foreign powers like Brazil, Russia, India, China, and South Africa (BRICS) nations on human rights issues. Despite the common and shared goals, the BRICS set-up is not institutionalised, which prompts the EU to engage with each country on a bilateral basis. Such collaborations have occurred in bilateral dialogues, multilateral fora, through developmental assistance, and negotiations in economic partnership agreements. The scope and content of the discussions and cooperation vary due to the difference in the political structures of the countries. While the EU and the BRICS may share some common goals politically and economically, pursuing shared objectives related to democracy and human rights promotion remains challenging. These countries may believe in human rights protection, but the understandings and the approaches vary drastically, as visible when issues of sovereignty and non-intervention are raised to resist comprehensive discussions. Although the BRICS are emerging as an interconnected group and have begun to cooperate more closely in multilateral fora, the EU may also have to consider dealing with it in its institutional capacity. It could be more challenging to fulfill the mandate of the Lisbon Treaty for the EU while dealing with this cohesive group that has different understandings on human rights protection within their own states.

2. The English Legal system, Constitution, and Human Rights

Business Law ◽  
2020 ◽  
pp. 15-42
Author(s):  
James Marson ◽  
Katy Ferris
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Justice System ◽  
Administration Of Justice ◽  
The Law ◽  
The Uk

This chapter, in discussing the English legal system and its features, begins by outlining what the law is and some important constitutional principles. The discussion is primarily based on the institutions and personnel involved in the practice and administration of justice. It therefore involves a description and evaluation of the courts, tribunals, and the judiciary, including their powers and the rationale for such authority, as well as the mechanisms of control and accountability. The aim of this chapter is to demonstrate how the mechanisms of the justice system work. The English legal system exists to determine the institutions and bodies that create and administer a just system of law. It should be noted here that the UK does, in fact, possess a written constitution, it is merely uncodified.

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.

Sign in / Sign up

Export Citation Format

Share Document