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The historical development of the england and wales judicial system and the difference between european legal

systems Since the 12th century, in the long historical evolution, the United Kingdom has formed its unique legal system. Development of society has promoted the law evolution. Moreover with an understanding of contemporary legal system, people need to know about the history of the law and its process of evolution. Comparison between the different legal system find out the inadequacy of the law, then legal system can be more perfect. This report will talk about the development of the United Kingdom judicial system over recent years, how the legal system and judicial system has developed, and the development of the legal system has positive and negative parts. And argue the the United Kingdom legal system has big difference between European legal system, compare what differences between them. The following sections will first describe the legal system of the United Kingdom underlying content and backgroud. Firstly, the United Kingdom of Great Britain and Northern Ireland is composed of four parts, and they were England & Wales, Scotland, and Northern Ireland. In the UK there is no written constitution. The Queen is the Head of State, but the actual exercise of power is Parliament. So, UK is a constitutional monarchy country. Britain has not specific Ministry of Justice, the Minister of Justice and the Interior Minister exercise the judicial administration in England and Wales, with the Minister of Justice's Office and the Ministry of the Interior. Scotland and Northern Ireland have different between England and Wales, so this report will introduce England and Wales legal system. The UK legal system was described in the report which refers to on legal system in England and Wales. In the UK, the Minister of Justice is the Supreme Court, Speaker of the House of Lords; the cabinet members are the national head of the judiciary is entrusted with judicial, legislative, administrative three kinds of duties. Minister of Justice Office of the main functions are: responsible for managing the country's court system; formulate and supervise the implementation of judicial policies and industry standards; to Parliament to amend the law opinions; management of the country's judicial staff, including hiring, training, textual research, and wages and benefits and so on; it is responsible for the functioning of the judiciary to the nation to provide financial material protection. (Sarah Carter(2001))The constitutional law of the UK is regarded as consisting of statute law on the one hand and case law on the other, whereby judicial precedent is applied in the courts by judges interpreting statute law. A third element consists of constitutional conventions which do not have statutory authority but nevertheless have binding force. Much of the relationship between the Sovereign and Parliament is conventional rather than statutory. The Formation Of The Common Law (1) Anglo-Saxon Law: Fom the 5th century to 1066, Britain was controled by Anglo-Saxon, Laws to be enforced at that time mostly customary law; it has little effect for UK legal system. (2) The origin of the common law: Norman Conquest of Britain, in order to consolidate his rule, he practiced the land Packet system and centralized systems, and Imperial Conference is an important organ of centralized rule. This body is trusted by the king, bishops and nobles to participate in the deliberative bodies, which assist the King in dealing with the legislative, executive and judicial affairs, subsequently the institutions dealed with judicial affairs

increasingly independent. When Henry III period, the Imperial Crown Council has already established three High Court, namely the financial courts, ordinary courts and proceedings Queen's Bench Court, the matters that directly concern the interests of the royal family of major cases. As the Normans were not previously own laws, therefore, their legal decisions is through the formation of these courts, that case law. These decisions are binding on the district court's decision. With the royal court's jurisdiction and impact of the expansion, its jurisprudence on national laws, formed a significant impact. Royal Court's case law is applicable to the common law in the United Kingdom. When royal court appeared, in the next period of time there are royal and local courts, ecclesiastical courts. General District Court applied to customary law, ecclesiastical courts mainly applied to the church law for the primary jurisdiction of marriage, family, inheritance, adultery. All three conflicts are inevitable. The royal court proceedings started by issuing orders to expand their influence. what is meaning of thisIt means that the plaintiff can ask the King justice, and then King of the Minister issued a writ, the contents of the writ was to require each county, and county had responsible for orders the defendant to satisfy the plaintiff's request or trial in the Crown Court. The Rise Of Equity (Law) When courts was hearing cases, they majority used common law. As the common law attaches great importance to programs, many people could not comply with procedures, such as after a period of filing of prosecution, while the lack of fair treatment. So the establishment by a Court of Justice of Great Britain, to a more relaxed attitude in dealing with cases, which is the source of equity. As the cases continue to increase. The agency has finally separated, and has become a court of equity alongside royal court. Chancery Court, in adjudicating cases and the ordinary courts apply different rules of law. Thus developed the law into equity. Therefore, the rise of equity is mainly adapted to the requirements of capitalist production relations. The Bourgeois Revolution And The Official Formation Of The Tradition Common Law With the victory of the bourgeois revolution, in order to meet the development needs of capitalism, Britain's law reforms, mainly as follows: (1) common law and equity conflict, compromise and unity. With the victory of the revolution, the common law and equitable and mutually compromise, and coordinated development. To the 1873 and 1875 along with two "judicial law" enacted, the ordinary courts and equity courts merged. However, the coexistence of common law and equity situation has continued. (2) Limits the jurisdiction of ecclesiastical courts, and the divorce courts and probate courts were set up. (3) Statutory law appeared in large numbers. Including the public law area of the law, such as "Bill of Rights," "Act of Settlement," "habeas corpus", "Uniform Rules of Procedures Law," "common law proceedings Law," "Company Law", "Partnership Law," " Negotiable Instruments Law, "" Sale of Goods Act, "" Against the Person Act, "" Theft Act "and so on. Statutory laws increase the status of marked rise in Parliament. This trend has continued to the present. Note that these statutes are of a single law. The following section will explain the UK legal system on the difference between European legal systems. British legal system was more difference from and legal system in Europe; however, it is silimar as USA legal system.

Their main differences are: 1) Sources of law differently: The formal sources of civil law in European is statutory law, however in the UK common law statute law and case law are the formal sources of law. In the form of law, case law occupies an important position, traditionally, case law hold dominan status in the UK legal systems, but in the 19th century to the present, the statutory law are increasing, but the statutes are still subject to the constraints of case law interpretation. Generally case law refers to the High Court's decision in the established legal principles or rules which is binding or influence in the behind decision. Case law is statutory law, because these rules are created when a judge heard the case and, therefore, also called judge-made law. However, the legal system in Europe was underlined in the statute book's authority. Although judges have the discretion to allow and recognize precedents and customary law in the interpretation of the role, but generally do not recognize the functions of judge-made law, judges can only be the applicable law and decide cases must refer to the statute, they can not be case as a basis. (2) Codification of the different: generally the European legal systems use the code form; British legal system is often one-way laws and regulations. (3) In the technical aspects of the law applicable to different: in the European legal system, the judge heard the case, first consider how the provisions of statutory law, and then in accordance with relevant provisions and merits ruling; however British judges would first consider the previous similar case, compare the facts of this case with the previous facts of the case, and then generalize can be applied to the case of legal rules. For instance, if the two cases, the substantive elements are the same or similar, then according to the principle of stare decisis, precedent which contained in the rules or principles can be applied to cases to be sentenced. In dealing with the question of precedent, there are three approaches: 1, follow the precedent; Generally speaking, the lower courts should follow a higher court's precedents, the Court of Appeal also should follow its own prior jurisprudence. 2, overturned a precedent, in the supreme Court can overrule its own previous decision. 3, to avoid a precedent; mainly applied to the lower courts are reluctant to apply a precedent but refused to disclose to overthrow it, they can avoid this precedent because there are differences in the substantive matter of fact in before and after the two cases. (4) The classification of the different law: European Legal system of the basic classification is a public and private law; British legal system of the basic classification is common law and equity. Sepcifically although English legal system has common law and equity there is no strict concept of sectoral laws, that there is no systematic, logical, strong legal classification, their legal classification rather biased towards the practical (5) Proceedings and judgments of different programs: Generally, European legal systems approach to use in the trial: the judge is the center in the court inquisition; the UK legal system are adversarial, with the implementation of party doctrine, judges act is a passive, neutral role. (6) Judicial organs: Usually in Europe countries, its administrative litigation is not attributable to the jurisdiction of ordinary courts, while others accept the establishment of the Council of State, therefore the European Legal system has Administrative Court and ordinary courts and a two-track system was moved into different ; And British legal systems is no establishment of the Administrative Court in principle, while criminal and administrative proceedings such as the property of belonging to the jurisdiction of ordinary courts to accept, not setting up a separate administrative court.

Because these two legal systems are the existence of its own flaws, are not perfect! For example, the European legal systems are lagging, a lot of time it can not be able to keep pace with the development of the times, and in the legislative process, it has the high technical requirements. Although the UK legal system can be able to do with the times, but not quite stable and a relat ively fragmented, fragmentation! So, now that there are Two legal systems learn from each other. In conclusion The article covers the process of legal developments in the UK. People can better understand the evolution of English law, From the common law to the rules of equity, the rule of law development is the progressIn addition, people can explore the legal systems of Europe and the United Kingdom the distinction between legal systems on the judicial system with judicial, trial basis, the manner and the court proceedings four organizations, the legal systems of the basic understanding will help us to enter temple of the law, it also contribute to the overall structure of the legal system and the overall understanding and to build all the people are aware of the law society. Read more: http://www.law-essays-uk.com/resources/sample-essays/judicial/england-andwales-judicial-system.php#ixzz2JHbt9EH7