Sources of English Law

Sources
1 Case Law	2 Statute	3 European Union
Common Law	Equity	Primary	Secondary	Primary	Secondary
– Based on strict legal rights	– Based on fairness	– Acts of Parliament	– Delegated legislation: Statutory instruments (e.g. regulations or orders in council) and bye-laws (Local Authorities)	– The Treaties	– Regulations
– Applies automatically	– Discretionary				– Directives
	– Equity is a supplement to the common law and prevails if there is a conflict				– Decisions

2. Speaking Look through the chart and say what institutions there are in the EU.

3. Read the text carefully and report on the bodies and their legislation

European Union Law

The EU
Institutions:		Legislation:
Council of Ministers Made up of ministers from member states responsive for the adoption of legislation	Formulate and legislate →	Treaties: Treaty of Rome Regulations: Directly applicable. Binding and enforceable from time of their creation
The Commission Made up of Commissioners from member states. They prepare legislation.		Directives: Not directly applicable. Set out aims for member states to achieve by national law within a specified period.
The European Parliament Made up of elected members from member states. Primarily a debating and advisory body		Decisions: On operation of European law and policies. Binding only on the recipients
European Court of Justice The final authority on European law		Judgments: Rulings and interpretation on points of EU law. Final appeal court where European issues are resolved.

4. Home assignment. Study the following information.Make reports on Case Law, Equity and Statute.

Case Law

Common Law

Development

1. (a) Pre-Roman conquest: no unified legal system. Justice dispensed in local courts.

(b) Post-Norman conquest: the king’s judges sent on circuit to resolve civil and criminal disputes in local courts.

(c) The law applied an amalgam of indigenous, largely Anglo-Saxon and Norman, law.

(d) Development of principles that rules of law laid down by a judge should be followed by other judges sitting in like cases.

Defects

2. (a) The writ system.

(b) Inadequate remedies.

(c) Failure to recognize rights arising under trusts.

Features

3. (a) Judge-made, i.e. not created by parliament.

(b) Common to the nation, i.e. not of merely local application.

(c) A case law system which may distinguished from equity.

Equity

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