Man is a social being. That is, it can exist exclusively within the framework of society. Without communication, a person can simply die. At the same time, the interaction of people today by no means always carries the framework of a banal conversation.
Communication in the 21st century is a social relationship of one nature or another. Moreover, this kind of interaction between people must be universally regulated. For a large amount of time, mankind has been looking for the most effective coordinator of public relations. In the search process, a large number of different institutes were tried. The first were violence and religion. Their main problem was the inability to regulate under certain conditions.
For example, violence can only influence weak people, and religion acts on believers. However, the regulator of public relations was still found. They became right. This institute has developed so powerfully that in the 21st century it has become one of the main ones. But law has many interesting features. For example, on the whole planet there are several varieties of it, one of which is English law. It is characterized by action in a certain territory, and also has a specific structure and sources.
Law: general concept
The institute of legal, political, social and other nature always has a concept and a certain structure. English law in this case is an offshoot of law in its classical form. Thus, in order to competently study all interpretations of the legal system of the British Isles, it is necessary to consider its starting points. That is, you need to find out what constitutes law.
This concept has the meaning of a system of legal norms that are protected and guaranteed by the state, and are also universally binding for all people. It should be noted that the law in each country manifests itself in the form of a system, which, in turn, consists of legal culture, consciousness and implementation.
The main features of law
Any legal phenomenon is characterized by a number of certain signs. When we speak specifically about law, then there are also peculiarities. Today in the scientific community there is no single approach regarding the signs of this regulator of public relations. However, there are a number of common features, the existence of which many allow. Given this, we can distinguish the following main features that characterize the law, namely:
- the whole system of norms is a commonplace set of rules of behavior with which a large number of people are familiar;
- the universally binding character suggests that the system of norms extends its effect to everyone and everyone;
- the state guarantees the effect of the law by establishing legal liability;
- law expresses the consciousness and will of people;
- the system of norms is expressed in official state acts.
It should be understood that the features presented are the most classic. That is, they will also be characteristic of any branches of classical law.
English law: concept
So, we found out what constitutes a classic type of legal regulator of public relations. English law in this case is a system of generally binding norms of England and Wales, which was formed historically and has its own characteristic features.
It should be noted that such a legal structure forms the basis of many states, for example, the USA, Great Britain and other countries of the British Commonwealth. English law extended to all the UK-controlled powers. Moreover, it really works right up to the present day.
History of English Law
The process of establishing the legal system of the British Isles has a large number of its own characteristics. First of all, it should be noted that the law "in English" was formed far from European. That is, it did not survive the constant changes to which the legal systems of many continental states were exposed. In addition, English law throughout its existence has adapted to the basic needs of society.
The starting point of the British legal system was 1189. From that moment on, judicial precedents take the form of a real legal source, and the whole structure as a whole becomes universally binding, and not just civilistic.
Many historians also argue that the Norman conquest of England had a great influence on the formation of British law.
After all, this nationality introduced a huge number of different legal institutions that exist to this day on the island.
Interaction with other systems and the impact on them
English common law at all times influenced the legal structures of other states. It should be noted that Britain has long been one of the largest colonial powers. Thus, in many territories subject to it, English law acted in its paramount form. Even after the collapse of the colonial system, many countries continue to recognize British law as the basis of their legal systems. For example, in Australia, courts are actively using the precedents of the relevant English authorities. There are a large number of such examples.
There is also an interaction of national English law with the international industry. At the same time, the British side has a clear position on the application of supranational norms. According to the laws of Great Britain, courts can use international rules only if they are expressly stated in the internal acts of the state. For example, human rights in English law are governed by the provisions of the International Convention on Fundamental Freedoms and the provisions of the Human Rights Act of 1998. In this case, the rules of the last regulatory document have an advantage.
Sectoral division of the British legal structure
The English legal system has a large number of industries. By analogy with the continental legal structures, industries regulate social relations of one nature or another. Moreover, each of them has a number of its own specific features. For example, English criminal law is actually derived from a general system of norms. As for the crimes themselves, they have two elements, which, in turn, characterize the objective and subjective features of the committed act. The main feature of the English criminal industry is the fact that there is no codified act.
There are other legal sectors within the British system, for example:
- constitutional law;
- administrative law;
- labor industry, etc.
The most controversy in academia is English civil law. Because its existence in most cases is simply denied.
The specifics of English civil law
Civil law of England is a non-existent industry. That is, it is not presented in the form in which the inhabitants of our country are used to seeing it. However, in the UK there is no traditional division of the legal system into private and public law in general. But civil society relations are, of course, regulated. If you look at English civil law from the doctrinal side, then it also consists of the following classical institutions: property, contracts and tort.
Ownership in English law at all times was implemented specifically. Today it is known that already in the Middle Ages the regulation of property was quite flexible. This institute in those distant times was divided into a real form and a private one. Today, many legal phenomena of civil law exist in an unchanged historical form.
Sources of English Law
Like many other provisions of the British legal system, its basis is completely untypical sources for the continental system. Specificity in this case exists for various reasons. For example, a significant role is played by historical development away from continental trends. After all, English law has always evolved autonomously. The reception of the ancient Roman legal system had no influence on him.
Thus, the main sources in English law today are the following sources:
- judicial precedent;
- acts (laws);
- customs.
The indicated sources are listed in order of their legal force. As we can see, judicial precedent plays the key role in English law.
Precedent - The Source of the British System
Judicial practice in England at all times played a dominant role. At its core, a precedent is a decision of a supreme body administering justice, which becomes generally accepted and can be used when considering similar cases.
This key role of precedent is due to the very doctrine of English law. According to her, judicial protection is always more important than the legal system itself. In this case, it should also be noted that the decisions of the highest judicial bodies actually have the meaning of laws. However, they are much more convenient to use than the norms of official regulations. After all, the precedent is as specific as possible, in contrast to the norms of laws. The presented source appears from the activities of such instances as the House of Lords, the Court of Appeal and the High Court.
The role of law in English law
Regulations are the second significant source of the entire British system. In continental countries, laws give rise to law. Translation into English manner significantly changes this principle. In the UK, laws (or statutes, as they are commonly called) are adopted, as a rule, by the government on the basis of delegated authority by parliament. Moreover, normative acts have a whole system, which also includes by-laws. However, the interaction of laws and judicial practice in England is not easy. In many cases, statutory provisions require confirmation and clarification. As mentioned earlier, in the norms of laws there is no specificity that is inherent in precedents.
Custom and English Law
In addition to the indicated main sources of the English legal system, there is also a secondary one. That is the legal custom. In the UK, there are two varieties of this phenomenon. The first type is constitutional customs. They play a significant role in the process of the entire state. After all, the constitutional customs determine the competence of most authorities. The second type is the customs that regulate social relations of various nature. But there are some features. The fact is that a custom in the UK will be recognized if it has an ancient, ancient character. It also largely distinguishes the English system of law from the continental.
Conclusion
So, we examined the right "in English". This legal system in its classical form has no direct analogues in the world. For several centuries in a row English law has effectively regulated the social relations of its society. Therefore, many states should note the advantages of such a conservative system for the modernization of their own legal structures.