UK LEGAL SYSTEM
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Created on June 18, 2021
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Transcript
LEGAL ENGLISH TASK N°2
by: Sebastián Figueroa and Javiera Garcés
UNITED KINGDOM'S LEGAL SYSTEM.
- ENGLAND
- SCOTLAND
- NORTHERN IRELAND
- WALES
THE FOUR HOME NATIONS OF THE
United Kingdom
The United Kingdom does not have a single legal system. instead it has three distinct systems of law:
- Scots law,
- Northern Ireland law
- English and Welsh law.
- English law operates a common law system which combines the passing of legislation and the creation of precedents through case law.
- Laws are established by the passing of legislation by Parliament
- The Court System and case law are controlled by the judiciary which is completely separate to Parliament.
LEGAL SYSTEM
ENGLAND AND WALES
political organization and parliament.
HOUSE OF LORDS
HOUSE OF COMMONS
MONARCH
- Justice system is just one, of the three branches of the state.
- Various levels of hierarchy, with different types of courts, types of law and judges
JUDICIARY OF ENGLAND AND WALES.
Common Law
A body of unwritten laws based on legal precedents established by the courts. Common law influences the decision-making process in unusual cases where the outcome cannot be determined based on existing statutes or written rules of law.
Features of the constitution1.- flexible2.- to pass its rules there must be approval by both chambers.3.- constitutional norms are those of an ordinary law.
The united kingdom has a constitutionIt is scattered among written and unwritten sources.
english constitutional system
chilean constitution features1.- Its rules are hierarchical2.- modification of its rules and creation require a constitutional reform or a constitutional convention.
Contained in a formal document
Chilean constitutional system
SYSTEMCODINGSOURCESBINDING FORCEOR JUDICIALDECISIONS
Continental systemCoded (civil code)Political constitution, Law, Jurisprudence Legislative enactments (law) are blinding for all. little scope for judge -made law in others branches of law
Common lawNot codedCommon law, Jurisprudence, Books of authority, judicial precedent.Judicial decisions are mandatory and constitute part of the law and their scope is widespread
ENGLISH CHILEAN
differences between english and chilean legal system
COMMON LAW
CONTINENTAL SYSTEM
WHICH LEGAL system DOES THE WORLD USE?
- English system is more dispersed and prone to change.
- The decisions of the courts of justice in the united kingdom are more binding than in our system.
- A mixed system between the traditional and the innovative prevails
to conclude