BỘ TƯ PHÁP
TRƯỜNG ĐẠI HỌC LUẬT HÀ NỘI
------------
BÀI TẬP NHÓM
MÔN HỌC: Tiếng Anh pháp lý
ĐỀ BÀI:
Sources of law in England and Wales
Nhóm: 03
Lớp: 4931
Hà Nội – 2024
1
I.Introduction
Sources of law are the fundamental elements that establish, control, govern a
legal system of nations, reflecting the historical evolution, political structure and
the approach to justice. This dissertation aims to present and provide overall
knowledge about the main sources of law in England and Wales. Examining the
unique role of each source and the interaction among them would provide us an
overall assessment into the legal system as well as the legal development of
England and Wales.
In the United Kingdom, there are three main legal systems namely English law,
Scots law, Northern Ireland law and the year 2007 observed the appearance of
the fourth type called Welsh law as a result of the Welsh devolution. However,
England and Wales are often referred together and follow the same legal system
called English law.
In England and Wales, the legal system is established based on four main types
of sources of law including legislation, common law, international law and
customary law.
II. Sources of law
1. Legislation
Legislation is the term used to refer to written laws that are formally passed by
the legislative, executive and judiciary bodies to regulate the society, maintain
good order, protect human and citizen rights as well as set out obligations for
individuals.
Legislation in England and Wales could be divided into two main types
including Primary Legislation and Secondary Legislation
1.1 Primary Legislation
Primary Legislation, also known as Acts of Parliament or Statutes is the term
used to refer to the highest form of legal authority in England and Wales passed
by the legislative bodies (the Parliament, House of Commons, House of Lords).
Some key features of Primary Legislation could be noticed
Firstly, Primary Legislation sets out the legal framework and general concepts
for many areas of law including criminal law, family law, …and includes
specific provisions that detail how laws are implemented and enforced.
Secondly, Primary Legislation creates new legal rights, obligations, and
remedies, either for individuals, businesses, or public authorities on a national
scale that has the supreme authority.
2
Thirdly, Primary Legislation involves a specific mechanism of enforcement
that sets out clearly the agencies responsible for implementing the laws as well
as the one who promulgate punishments to ensure strict compliance to the law.
Additionally, Primary Legislation enactment requires a full and detailed process
involving a number of steps, beginning with the proposal of bills and ending
with bills becoming Acts. A “bill” is a proposed law which is introduced to the
Parliament. Bill could be introduced by different members of the Parliament.
However, government bills (bills proposed by government ministers) often have
higher opportunity to be ratified due to the support from the majority of the
party. Only when a bill is debated and approved by the House of Commons,
House of Lords can it become official law, which is known as an Act.
Bills have to go through the following steps in each House to become official
law
The first step is the First reading in which the title of the bill is read aloud and
there is no discussion as well as debate in this step
The second step is the Second reading in which fundamental principles of the
bills would be discussed in the Houses. A government minister opens the debate
and every member are free to discuss and voice their opinion. At the end of the
debate, the Houses would vote on the bill.
The third step is the Committee stage in which details of the bills would be
discussed. In both Houses, the committee would decide which clause of the bill
should remain, and will consider any amendments tabled by the government or
other members. The amendments could suggest any changes to the provision of
the bills or add new ideas to particular bills, but they could not change the
whole subject of the bills.
The fourth step is the Report stage which is regarded as a reconsideration of
amendments in the Commons.
The next stage is the Third reading. In the Commons, this is only a general
discussion after the report stage and no amendments could be ratified while in
Lords, this step is held in a few days later and insignificant amendments could
still be proposed. The House would make a decision whether the bills are
accepted to proceed to the next House or not.
After that, the bills would come to Later stages in which they are agreed by
both Houses before they become official Acts. In the case the bills are amended
in the second House, it must return to the first House to be reconsidered. The
first House has the right to reject the amendments and suggest alternative ideas.
Only when the two Houses reach a common voice on the Bills can it be passed.
The final step is that the bills are given Royal Assent. Specifically, the Queen
or King gives their signature to the bills and then the bills would officially
become Acts.
In summary, Primary legislation forms the foundation of a country’s legal
system, establishing the framework of laws and policy. It is created through a
3
formal legislative process, typically requires full parliamentary approval, and
can only be amended by following the same procedure. Its broad authoritative
nature makes it the highest source of law, governing the whole society.\
1.2 Delegated Legislation
Delegated Legislation, also known as Secondary Legislation refers to laws or
regulations made by delegated individuals or groups under the power given to
them through Acts of Parliament.
Delegated Legislation plays an indispensable role in completing and
supplementing Primary Legislation and serves a number of functions as a
governing tool includes:
Firstly, Delegated Legislation fosters high efficiency of Primary legislation
implementation. It is because Primary Legislation often provides general
frameworks about which enforcement have to happen, but Delegated
Legislation takes the responsibility to provide further details such as specific
guidance or procedures
Secondly, Delegated Legislation allows flexibility and high adaptability to the
constantly changing conditions because the process of amendment and
supplementing is easier than that of Primary Legislation.
Some examples could be mentioned to clarify the link and complementation of
Delegated Legislation to Primary Legislation. Specifically, in a health act,
Primary legislation states that every citizen has equal right to get access to
affordable healthcare and Delegated legislation would clarify the operational
details involving the eligible criteria of affordable healthcare service.
Delegated Legislation takes several forms to facilitate better implementation of
law, which would be introduced in the following paragraph. These forms serve
distinct purposes but they are all designed for the complementary roles for the
legal framework in England and Wales as well as contributing to an adaptable
and more comprehensive legal system
The first type could be mentioned as Statutory Instruments, which are the most
common type, are applied on national scale and are officially promulgated by
government ministers or a government department under the power granted to
them by an Act of Parliament. Statutory Instruments allow laws to be amended
and updated more flexibly without making new Acts of Parliament as well as
complementing procedural and operational details for Acts. Therefore, Statutory
Instruments foster efficiency in law enforcement and high adaptability to meet
social needs. However, this type is considered to lack parliamentary scrutiny
and unification due to the great volume of Statutory Instruments enacted.
The second type could be presented as By-laws, which are enacted by local
authorities or public agencies to set out regulations to meet the local or
4
organizational needs. This type facilitates better resolution for specific problems
arisen in specific regions and the creativity and independence of local
authorities in resolving problems. However, By-laws can sometimes be
inconsistent, which causes confusion when being applied.
The third type could be introduced as Orders in Council, which are made by
Privy Council and receive the monarch’s approval. This type of Secondary
legislation is used mostly in emergency circumstances and the Parliament is not
in the session, thereby allowing quick response to these conditions and
transferring responsibility flexibly between the government and delegated
administrations. However, a number of questions has been raised about the
potential of going beyond the power granted due to the lack of transparency of
this type in case of emergency situations.
Several examples could be presented to facilitate better understanding about
Delegated Legislation. One significant instance is that during the Covid 19
pandemic, a large number of Delegated legislations were made to respond
timely to the constantly changing situation and protect the overall health of the
community such as the regulation of wearing masks or quarantine or isolation,
which were made under the power of The Public Health (Control of Disease)
Act 1984.
In summary, Delegated legislation plays a crucial role in maintaining the
effective functioning of England and Wales legal system. It complements
Primary legislation by providing specific details to make Acts become more
comprehensive, thereby facilitating effective implementation.
2. Common law
Common law, also known as case law, precedents or judge-made law is a
fundamental element of the legal system in England and Wales, referring to
legal principles and rules made by courts through their rulings in individual
cases.
Some key features of Common law could be noticed:
The first principle is that higher court decisions bind lower courts. The
hierarchy of courts in England and Wales ensures an organized application of
precedent, with decisions crossing down from the Supreme Court to the Court
of Appeal, High Court, and lower courts.
The second feature is that judicial decisions in the past bind future cases.
Binding precedents provide the framework for courts in disputes resolution,
ensure that all cases are treated similarly and contribute to maintain the
consistency of law and the protection of fairness.
5
The third feature is that Common law has flexibility. It is because higher
courts can overrule or distinguish precedents to adapt to the constant change of
social, economic, or technological circumstances.
The link between Common law and Legislation should also be taken into
consideration:
Firstly, judges are responsible for interpreting laws and applying them to the
specific circumstances of the cases they adjudicate. In this process, a judge may
need to ascertain the meaning of particular words or phrases within the
legislation. The resulting interpretation contributes to the body of case law.
Secondly, common law also contributes to the evolution of Legislation. In the
case where judges encounter cases without applicable legislation, they have the
authority to establish new legal principles or refine existing ones. These newly
formulated principles could be adopted into legislation by the Parliament.
Thirdly, in response to case law, Parliament has the option to enact new laws
or modify current legislation to clarify legal ambiguities, overturn unfavorable
precedents, or address emerging issues that were not previously addressed by
existing laws.
One significant example of Common law is Donoghue v. Stevenson (1932).
This case has raised a question about the duty of manufacturers to ensure their
products do not harm customers, laid the foundation for tort law and the concept
of modern negligence law and clarified that legal responsibilities could arise
separated from contracts that set out the precedent for future cases in consumer
protection.
In summary, Common law is a crucial source of law in England and Wales,
which plays a complementary role for Legislation and helps ensure fairness and
consistency in the legal system.
3. Customary law
Customary Law is an important aspect of the legal system in the UK and many
other countries. Developed over time, it refers to unwritten rules that have been
established based on traditional practices, values, and customs that have been
considered lawful in a given society. In the United Kingdom, customary law
encompasses various forms of local, manorial, and maritime customs, each
deeply rooted in the country’s rich historical landscape.
3.1 Manorial rights
Manorial rights are certain rights which were retained by lords of the manor in
England and Wales when land became freehold in the early 20th century, and
can include rights to mines and some minerals, sporting rights such as hunting,
6
shooting and fishing, and rights to hold fairs and markets. In the past such rights
were not required to be detailed on the register of title, but they remained
overriding–that is they bound the owner of the affected land even though they
may not have known about the rights. Changes made through the Land
Registration Act 2002 sought to increase the transparency and knowledge of
such rights by requiring that they be registered and removing their overriding
status. This Act specified a deadline–October 2013–by which such rights should
be registered to ensure they could not be lost.
3.2 Local customs
Another significant form of customary law is local customs, which are specific
to particular regions, towns, or villages across the UK. These customs can vary
greatly depending on location but often reflect the unique needs and lifestyles of
a community. Local rights such as the ability to hold markets, fairs, and manage
public grazing lands are often regulated by these customs.
4. International law
International law is a set of rules and principles governing the relations and
conduct of sovereign states with each other, as well as with international
organizations and individuals.
International law is a broad field that encompasses two main legal frameworks,
including European Union (EU) law and treaties and conventions.
4.1 EU law
EU law refers to the body of laws and legal principles that govern the European
Union (EU), which is a political and economic union of 27 European countries.
Before the withdrawal of The UK from the European Union (Brexit), EU law
played an important role in shaping the legal framework of England and Wales.
As a member state, the UK was bound by EU treaties, regulations, and
directives, which had direct effect within domestic law. To clarify, EU law
could be enforced directly into national courts without the incorporation into
domestic law. EU law had significant influence on a number of aspects.
Regarding competition and trade, In the European Union, competition law helps
maintain a fair and open market by regulating anti-competitive behavior among
companies. It ensures that businesses do not form cartels or monopolies that
could harm society's interests.
Regarding environmental protection, the European Environment Agency (EEA)
collaborates with various organizations to collect data on sustainability in
Europe, supporting sustainable development and environmental improvement.
EU environmental policy is reflected in its legislation and supported by
7
financial programs, including the 8th Environment Action Programme, which
runs until 2030.
Regarding employment, labour law defines the rights and duties of employees
and employers, ensuring fair treatment and regulating workplace relations. In
the EU, it focuses on two main areas: setting standards for working conditions
(such as hours, part-time, and fixed-term contracts) and requiring employers to
inform and consult workers on key issues like redundancies, business transfers,
and changes affecting job security. These rules protect workers' rights and
promote fairness and transparency across the EU.
One of the most significant changes in recent history was the Brexit process,
which culminated in the European Union (Withdrawal) Act 2018. This Act
removed the direct applicability of EU law in the UK but preserved certain EU-
derived laws in domestic law to ensure the continuity of the legal matters,
especially in areas like trade, citizens' rights, and environmental protections,
during the transition period after Brexit. Nonetheless, EU law now has a
reduced impact in the UK, and future legal developments are largely governed
by UK law and any new international agreements the UK enters into
independently.
In conclusion, EU law had a significant and broad impact on UK legislation,
policy, and legal practices, shaping various areas of governance. With Brexit,
the UK now has the opportunity to depart from these frameworks, prompting
ongoing debates about future regulatory alignment and the creation of new
domestic laws.
4.2 Treaties and convention
An international convention or treaty is an agreement between different
countries that is legally binding to the contracting States. Existing international
conventions cover different areas, including trade, science, crime, disarmament,
transport, and human rights.
For instance, the European Convention on Human Rights (ECHR), formally
known as the Convention for the Protection of Human Rights and Fundamental
Freedoms, is an international agreement aimed at protecting human rights and
political freedoms across Europe. It was drafted in 1950 by the newly
established Council of Europe and came into force on September 3, 1953. All
member states of the Council of Europe are parties to the convention, and new
members are required to ratify it as soon as possible.
The convention established the European Court of Human Rights (ECtHR),
which allows individuals who believe their rights have been violated by a state
party to bring their case before the court. The court's rulings on violations are
legally binding, and the states involved must implement them. The Committee
of Ministers of the Council of Europe oversees the enforcement of judgments,
ensuring that compensation is appropriately awarded to applicants for the harm
they have suffered. The convention is accompanied by sixteen protocols that
8
modify its provisions. It has played a major role in shaping the legal systems of
Council of Europe member countries and is widely regarded as one of the most
effective international treaties for protecting human rights.
III. Conclusion
In conclusion, the legal system of England and Wales is a dynamic blend of
legislative authority, common law principles, international obligations, and
customary practices. Legislation provides a formal framework for governing
society, reflecting the will of Parliament and addressing contemporary needs.
Common law, rooted in centuries of judicial precedent, ensures consistency and
adaptability by evolving through court decisions. International law introduces a
global dimension, aligning domestic practices with broader international
agreements and standards. Meanwhile, customary law preserves localized
traditions and practices that complement the formal legal structure. Together,
these components create a multifaceted legal system that balances flexibility
with stability, ensuring justice and responsiveness to changing societal and
global contexts.
9
DANH MỤC TÀI LIỆU THAM KHẢO
1.https://libguides.ials.sas.ac.uk/unitedkingdom?
fbclid=IwZXh0bgNhZW0CMTEAAR2F0UucdBjHzK-
VxaoOA8n8U0ngD0GT9btovq1wxu2HdgGOf4SPOo0qA4s_aem_s23oV3so6esHRiT
LvL6Cdw
2.https://guides.library.harvard.edu/law/UK?
fbclid=IwZXh0bgNhZW0CMTEAAR0wlWo3tvDs2cLZlTLRsVJg-
fMqjDDsc9l6axt9bTP4newgiVP5UAla2qo_aem_pL6zK6yvklDpjSv7lJz4zA
3. https://www.iclr.co.uk/knowledge/topics/the-english-legal-system/?
fbclid=IwZXh0bgNhZW0CMTEAAR2WLoXQ1ygUjWNV4VgxEv0c3l_ptMN_DA
xTznJgX9GkJrFib2dOJ5BGDBQ_aem_cUZ9TTvD5RyuTPMe3zSc-w
4.https://www.nyulawglobal.org/globalex/united_kingdom1.html?
fbclid=IwZXh0bgNhZW0CMTEAAR1yEVzkKKpvGw5AGZpeNDVb418AcNFNS8
Eoyp69qv80eJqw9taSkl243vU_aem_kPgpxK9wHfkyCcR-dfqs_w
5. https://examchum.uk/landscape-architecture/what-is-the-uk-legal-system-
structure/?
fbclid=IwZXh0bgNhZW0CMTEAAR2C4yVQTAYlFjS1H9sIyyqlsEFSpaI_3f1hZdY
VrmBWu-2zXKncXHB35Fs_aem_guXi-7MNvUl82swg4B_G6w
6. https://uollb.com/blogs/uol/sources-of-uk-law?
fbclid=IwZXh0bgNhZW0CMTEAAR18HkGhDvEyIoyJt8g_sTUcLpLdMuxBq9I75u
cgOPlCKMvXGNIUQnzpOkg_aem_kFKtfFoLfdPbc45y1XBqVA
7.https://thelawdictionary.org/?
fbclid=IwZXh0bgNhZW0CMTEAAR1Dw3_SeEDecUczet8xgtc0fusHCE7n3ZlUA1s
Dq8CHT4WgkFPJ-7Y4Zys_aem_eq_YInTqJJjV9jCUOLNIKw
8.https://libguides.nyls.edu/lowcostlegalresearch/freedict?
fbclid=IwZXh0bgNhZW0CMTEAAR0p_QQHPQXm_r2SdNhEMsN0N0BbKkgu72
4E2F0633qBDVeUqnq2bLHkFMU_aem_GswM2WhbanLZIx7AmN_DaQ
9. https://www.parliament.uk/business/bills-and-legislation/?
fbclid=IwZXh0bgNhZW0CMTEAAR0ij_0g8wm-6C2BjWdSF6fVO9d-
K4XhKOPpOqrCz5qbYKxx83eDzFjVPRo_aem_pmxsJb0aGfiHNO0Ctw-8bA
10.https://dictionary.findlaw.com/?fbclid=IwZXh0bgNhZW0CMTEAAR2ZtO_yO18-
rZ92_H2JjZhNU2AAE3tg1RYnrHvr2fwcIPQ6zk9uA3PD4Kc_aem_rkYHzCD8TGB
fraq6PNJ0hQ
10
11
