Final Group Assignment
Final Group Assignment
GROUP ASSIGNMENT
BASIC LEGAL ENGLISH
TOPIC: LEGAL SYSTEM OF THE UK
GROUP: 07
CLASS: 4930
Hà Nội, 2024
BIÊN BẢN XÁC ĐỊNH MỨC ĐỘ THAM GIA VÀ KẾT QUẢ THAM
GIA LÀM BÀI TẬP NHÓM
Khoá 49
Xác định mức độ tham gia và kết quả tham gia của từng sinh viên
trong việc thực hiện bài tập nhóm 05 với kết quả như sau:
ĐÁNH GIÁ
SV K ĐÁNH GIÁ CỦA GV
CỦA SV
MÃ SV HỌ VÀ TÊN Ý TÊ
ĐIỂM ĐIỂM GV (K
A B C N
(số) (Chữ) ý tên)
1 Phạm Thu Hải
2 241092719 Lê Nhật Linh
3 241092694 Trương Minh Anh
4 241092681 Bùi Hoàng Quỳnh Anh
5 241092709 Vũ Thu Hiền
Kết quả điểm bài viết: Hà Nội, ngày … tháng … năm 2024
............................ - Giáo viên chấ Nhóm trưởng
m thứ nhất:...................
2
Điểm kết luận cuối cùn
g:..................
TABLE OF CONTENTS
INTRODUCTION 4
1. Brief Overview of the UK Legal System 4
CONTENTS 5
1. History of formation and development: 5
1.1. Pre-Norman Conquest (Before 1066): Customary and Tribal Laws 5
1.2. Norman Conquest and Centralization of Law (1066–12th Century) 5
1.3. Birth of Common Law (12th–13th Century) 5
1.4. Development of Equity (14th–17th Century) 6
1.5. Tudor and Stuart Periods (16th–17th Century): Consolidation 6
1.6. Modernization of Law (18th–19th Century): 6
1.7. Contemporary Developments (20th–21st Century): 6
1.8. Key Features of the UK Legal System Today: 6
2. Source of law 7
2.1. Statute law (legislation): 7
2.2. Common law (Case law): 7
3. Executive 9
3.1. The roles and powers of the executive 9
3.2. The Prime Minister 9
3.3. The Cabinet of Ministers 10
3.4. The Civil Service 10
5. Legislature 14
5.1. Overview 14
5.2. Composition of UK’s parliament: 15
5.3. Conclusion 17
CONCLUSION 18
LIST OF REFERENCES 19
3
INTRODUCTION
1. Brief Overview of the UK Legal System
A legal system refers to the framework of rules, principles, and institutions establis
hed to regulate behavior, resolve disputes, and uphold justice within a society. The UK l
egal system is a complex and historical framework that combines common law principle
s, statutory laws, and European influences. It is unique in its division across three separa
te jurisdictions: England and Wales, Scotland, and Northern Ireland, each with distinct l
aws and court systems, though they share overarching principles like the rule of law and
parliamentary sovereignty. The system is characterized by a reliance on judicial precede
nts (common law) and the principle of equity to ensure fairness.
4
CONTENTS
1. History of formation and development:
The United Kingdom of Great Britain and Northern Ireland is made up of four cou
ntries. The countries come under three distinct and separate jurisdictions. They are Engl
and & Wales, Scotland, and Northern Ireland. Each jurisdiction has its own court syste
m and legal profession. The United Kingdom was established in 1801 with the union of
Great Britain and Ireland. However, it achieved its present form in 1922 with the partiti
on of Ireland. The Irish Free State (which later became the Republic of Ireland) was thu
s established.
The UK joined the European Economic Community (now the European Union) in
1973. Upon joining the EEC (now EU), two things have become compulsory – a. to inc
orporate European legislation into UK law, and b. to recognize the jurisdiction of the Eu
ropean Court of Justice in matters of EU law.
To be more specific, down below are some documents:
1.1. Pre-Norman Conquest (Before 1066): Customary and Tribal Laws
- Celtic Tribes: The earliest legal practices in Britain were based on unwritten tr
ibal customs. The Druids (Celtic priests) played a significant role in resolving
disputes.
- Roman Rule (43–410 AD): Roman law introduced written statutes, courts, an
d legal principles, such as property rights and contracts.
- Anglo-Saxon Period (5th–11th Century):
Local governance was organized through hundreds (administrative units) an
d shire courts.
Kings issued dooms (legal codes) blending local customs and Christian mora
l principles.
1.2. Norman Conquest and Centralization of Law (1066–12th Century)
William the Conqueror (1066): After the conquest, the Normans centralized legal admin
istration:
- Introduced the feudal system.
- Established Curia Regis (the King's Court) to unify judicial authority.
- Allowed customary law to persist but under royal oversight.
1.3. Birth of Common Law (12th–13th Century)
Henry II’s Reforms (1154–1189):
- Introduced royal justices who traveled on circuits, resolving disputes and sprea
ding uniform legal practices.
- Established the jury system for criminal and civil cases.
- Created precedent-based law, with decisions recorded to guide future cases, fo
rming the foundation of common law.
Magna Carta (1215):
5
- A pivotal document limiting royal authority and affirming the rule of law.
- Ensured rights such as fair trials and protection from arbitrary detention.
1.4. Development of Equity (14th–17th Century)
- As common law became rigid, litigants sought justice through the Court of Ch
ancery, which applied principles of equity to address gaps in common law.
- Equity introduced remedies like injunctions and trusts, complementing but not
replacing common law.
1.5. Tudor and Stuart Periods (16th–17th Century): Consolidation
- The Reformation under Henry VIII reduced the influence of canon (church) la
w in favor of secular courts.
- Conflicts between the monarchy and Parliament, such as the English Civil Wa
r (1642–1651), emphasized constitutional principles and the sovereignty of Pa
rliament.
- The Glorious Revolution (1688) and the Bill of Rights (1689) firmly establish
ed parliamentary supremacy and limited royal prerogatives.
1.6. Modernization of Law (18th–19th Century):
The Industrial Revolution brought new challenges, leading to:
- The establishment of specialized courts for commercial and labor disputes.
- Codification of some areas of law, such as criminal law and property law.
- The Judicature Acts (1873–1875): Merged common law and equity into a unifi
ed system, creating the High Court of Justice.
1.7. Contemporary Developments (20th–21st Century):
- Devolution: Scotland, Northern Ireland, and Wales gained legislative powers,
creating distinct legal systems within the UK.
- European Influence: Membership in the European Union (1973–2020) introdu
ced EU law, which influenced domestic legislation.
- Human Rights Act (1998): Incorporated the European Convention on Human
Rights into UK law, enhancing individual rights.
- Post-Brexit Era (2020 Onwards): Reassertion of UK legal sovereignty while n
avigating new legal frameworks for trade and international relations.
1.8. Key Features of the UK Legal System Today:
- Common Law: Based on judicial precedent and case law.
- Statute Law: Legislation passed by Parliament.
- Equity: A body of principles addressing fairness and justice.
- Devolved Systems: Separate legal traditions in England, Wales, Scotland, and
Northern Ireland.
The UK legal system has evolved over centuries, starting with tribal customs and Roma
n influence, before developing into a centralized common law system under the Norman
s. Key milestones, such as the Magna Carta, the rise of equity, and the Glorious Revolut
ion, shaped its principles of fairness and the rule of law. Modern reforms, including the
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Judicature Acts and Human Rights Act, have ensured its adaptability, making it a blend
of tradition and modernity, and a global model for legal systems.
2. Source of law
In the United Kingdom (UK), the sources of law can be broadly categorized into se
veral key categories. These sources are the origins from which the law is derived or
established. They include both written and unwritten elements that shape the legal
system. The main sources of law in the UK are: Statute law (Legislation), Common
law (case law)
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Flexible and adaptable: Common law principles continuously evolve to refl
ect changes in society's values and expectations, ensuring that the legal syst
em remains relevant and effective.
Primarily found in countries with an English legal tradition: Common law s
ystems are predominant in countries that were once part of the British Empi
re, such as the United States, Canada, and Australia.
The specific case laws of the three countries in the UK are shown in the following table:
8
3. Executive
In the United Kingdom's political system, the Executive Government plays a pivotal r
ole in governing the nation. This branch of government is responsible for making vita
l decisions, implementing policies, and ensuring that the laws are enforced.
The government of the UK can be divided into three groups: The Prime Minister, the
Cabinet of Minister and the Civil Service. This branch is responsible for
implementing and executing laws, while also managing the critical day-to-day
operation of the country.
The executive also holds Royal Prerogative powers, these are the powers that are in th
eory attached to the monarch, but are now in practice largely exercised by the govern
ment. However, these powers now used by the government without needing Parliame
nt's consent. These include managing foreign policy, deploying the military, granting
honours, and proroguing Parliament.
The Prime Minister plays a central role in the governance of the United Kingdom,
acting as both the head of government and a pivotal figure in the nation’s democrat
ic system. Their responsibilities encompass directing the government, leading the
Cabinet, advising the monarch, and representing the country both domestically and
internationally.
As the head of government, the Prime Minister ensures that the executive functions
effectively, steering the overall policy direction of the country. A key aspect of this
role involves selecting Cabinet members, distributing ministerial responsibilities, a
nd fostering collaboration among senior ministers to implement government object
ives. Through this leadership, the Prime Minister sets the tone for national governa
nce and policy priorities.
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In the UK’s constitutional monarchy, the Prime Minister also serves as an advisor t
o the monarch. This includes advising on important constitutional matters such as t
he appointment of ministers, the dissolution of Parliament, and the timing of gener
al elections. While the monarch’s role is largely ceremonial, the Prime Minister en
sures the smooth operation of the constitutional framework.
On the global stage, the Prime Minister represents the UK in international diploma
cy. This includes engaging with world leaders, participating in global summits, and
shaping foreign policy. Their role as a national representative is vital in maintainin
g the UK’s influence and fostering international relationships.
In the UK, Cabinet Ministers are senior members of the government appointed by t
he Prime Minister. They lead government departments and are responsible for shap
ing policies and making critical decisions for the country. The Cabinet, a key decisi
on-making body, meets regularly to discuss major government strategies and polici
es.
The Cabinet plays a vital role in the UK’s executive branch, working alongside civ
il servants to implement government policies efficiently, all within the framework
of a constitutional monarchy.
The Senior Civil Service is the government’s executive leadership team. They are r
esponsible for ensuring that the Civil Service delivers the best services for the publ
ic.
Senior civil servants make strategic decisions, advise on policy and empower other
s to deliver. They lead the Civil Service, providing expert, impartial advice and sup
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port to Ministers and Parliament. Public service is at the heart of everything they d
o.
The Senior Civil Service comprises the four highest leadership levels across gover
nment. They uphold the Civil Service Code and the statutory values of integrity, ho
nesty, objectivity and impartiality.
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volving goods or property, personal injury, family issues, housing issues, and enforce
ment of previous County Court judgments.
- Crown Court: The Crown Court deals with indictable criminal cases that have been t
ransferred from the Magistrates’ Courts, including hearing of serious criminal cases,
cases sent for sentencing, and appeals.
- Magistrates’ Courts: The Magistrates’ Courts deal with summary criminal cases and
committals to the Crown Court, with simple civil cases including family proceedings
courts and youth courts, and with licensing of betting, gaming and liquor.
- Tribunals Service: The Tribunals Service makes decisions on matters including asyl
um, immigration, criminal injuries compensation, social security, education, employ
ment, child support, pensions, tax and lands.
4.2. The court system in Scotland
The system of Scottish courts is completely different from that of the English and
again is closer to the continental pattern.
- Judicial Committee of the Privy Council:
The Judicial Committee is also the court of final appeal for the High Court of Justicia
ry in Scotland
- Supreme Court:
In addition to its role as the highest court in England, Wales and Northern Ireland, the
Supreme Court also hears appeals from the Inner House of the Court of Session in
Scotland.
- Court of Session:
The Court of Session is the supreme civil court for Scotland, and serves both as a
court of first instance and as a court of appeal.
Consists of 2 houses:
+ Inner House: mainly deals with appeals, though it also deals with a small range of
first instance business.
+ Outer House: hears cases at first instance on a wide range of civil matters,
including tort, contract, intellectual property, commercial cases and judicial review
- High Court of Justiciary
The High Court of Justiciary is the supreme criminal court for Scotland, and serves
both as a court of first instance and as a court of appeal. When sitting as a court of
first instance, the Court deals only with the most serious crimes such as murder, rape,
culpable homicide, armed robbery, drug trafficking and serious sexual offences,
particularly those involving children, and cases are tried by a judge and a jury.
- Sheriff Courts
The Sheriff Courts deals with more serious criminal cases than the District Courts,
but not with the most serious ones, which are heard in the High Court of Justiciary;
also deal with civil matters such as probate, adoption and bankruptcy; the most
serious civil cases are heard by the Outer House of the Court of Session.
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4.3. The court system in Northern Ireland
- Supreme Court
In addition to its role as the highest court in England, Wales and Scotland, the
Supreme Court also hears appeals from the Court of Appeal in Northern Ireland.
- Court of Appeal
The Court of Appeal deals with appeals in civil cases from the High Court and with
appeals in criminal cases from the Crown Court. It also hears appeals on points of law
from the County Courts and the Magistrates’ Courts.
- High Court
Consists of 3 divisions:
+ Chancery Division.
+ Family Division.
+ Queen’s Bench Division.
Decisions of the High Court may be appealed to the Court of Appeal.
- County Courts
The County Courts deal primarily with civil cases, including most matters under a
specified value, and with title to land, recovery of land, equity matters (such as trusts
and estates), mortgages, sale of land and partnerships, negligence and trespass. The
County Courts also hear appeals from the Magistrates’ Courts in both civil and
criminal cases.
- Crown Court
The Crown Court deals with all serious criminal matters.
- Magistrates’ Courts
The Magistrates’ Courts hears all criminal cases.
5. Legislature
5.1. Overview
- The legislature in the United Kingdom is the supreme legislative body, officially k
nown as the Parliament of the United Kingdom. This Parliament has two houses: t
he Commons and the House of Lords. The main functions of Parliament include m
aking and changing laws, debating important issues of the day, and checking and a
pproving government spending.
- The British Parliament is mostly referred to as the “Mother of Parliaments” as it is
Parliament which came into existence before any other. It is considered to be the r
ole model for the rest of parliaments of the world. Parliament of the UK is the orig
inal legislative assembly of the constitutional monarchy of England, Whales, Scotl
and and Northern Ireland. It meets up at the palace of Westminster in London.
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England Wales Scotland Northern Ireland
- The English Par - The Welsh Parl - Government is se The Northern Irelan
liament was the le iament is the de parate from parlia d Assembly is the d
gislative body of t mocratically elec ment. The Scottish evolved legislature
he United Kingdo ted body that rep Parliament is made for Northern Irelan
m, in operation fro resents the intere up of all elected m d. It is responsible f
m the 13th centur sts of Wales and embers of the Scott or making laws on t
y until 1707, when its people. ish Parliament (MS ransferred matters i
it was replaced by - Commonly kno Ps) and is the law n Northern Ireland
the Parliament of wn as the Sened making body for d and for scrutinising
Great Britain. d, it makes laws f evolved matters. the work of Ministe
- Today's Parliame or Wales, agrees - It considers any p rs and Government
nt has three parts: Welsh taxes and roposed legislation Departments.
the monarchy, the holds the Welsh and scrutinises the The Assembly sits a
House of Lords an Government to a activities and polic t Parliament Buildi
d the House of Co ccount. ies of the Scottish ngs in the Stormont
mmons. Government throu Estate in Belfast. M
-The UK Parliame gh debates, parlia embers, also known
nt's main function mentary questions as MLAs (Members
s are: checking an and the work of co of the Legislative A
d challenging the mmittees. ssembly), meet to d
work of governme - The power to set ebate issues; questi
nt (oversight); rep a Scottish rate of in on Ministers of the
eal and amend law come tax is a new Executive Departm
s (legislate); discu addition to our res ents; and make laws
ss political issues; ponsibilities and fu for the benefit of pe
and approve gover rther powers will b ople in Northern Ire
nment spending a e devolved to Scotl land.
nd taxes. Parliame and over the comin
nt also represents g years.
public interests an
d debates laws.
5.3. Conclusion
Parliament of the UK has a bicameral Legislature. Laws drafted and passed from th
e House of Commons are sent to the House of Lords where they are examined. La
ws that get passed from the House of Lords are then sent to the Monarch for appro
val. Both the houses play a very healthy role side by side in legislation which is go
15
verned by the conventions based on their relationship. These conventions are not c
odified yet, followed for the smooth running of Parliament.
16
CONCLUSION
In conclusion, the UK legal system is a complex and multifaceted framework that underpins
the country's governance and societal order. It derives its authority from diverse sources,
including statute law, common law, and European law, which collectively form the
foundation of its legal principles. The court structure, from Magistrates' Courts to the
Supreme Court, ensures justice is served at all levels, while the unique systems of
devolution highlight the legal diversity across England, Scotland, Wales, and Northern
Ireland. Understanding this intricate system is vital for appreciating how laws are made,
interpreted, and applied, reflecting the UK's rich legal heritage and its adaptability to
regional needs.
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LIST OF REFERENCES
1. British Library – Legal History Collections: Explore historical manuscrip
ts and legal documents: British Library Legal History
2. UK National Archives: Search for government records and legal history d
ocuments: The National Archives
3. Statute of Westminster (1275): Historical text available through Yale’s A
valon Project: Avalon Project – Statute of Westminster
4. Judicature Acts (1873–1875): Read through BAILII’s archives: BAILII J
ud icature Acts Collection
5. Discover the UK Parliament- (Welsh & English)
6. Web for Scottish
7. Parliament: https://www.parliament.scot/
8. Web for Northern Ireland Assembly: https://senedd.wales/
9. Web for National Assembly: https://www.niassembly.gov.uk/
10.https://libguides.law.loyno.edu/uk_guide/cases_overview?fbclid=IwY2xj
awG0_NlleHRuA2FlbQIxMAABHdmaxrkQzS-DSS36Dq87OJ1F2Ds3-
2VOgz8EQr4OQeWXKXF9woFYYyQRJA_aem_61JM3PItRj7936aP2Z
VBPA
11. English Reports- Full Reprint:
https://lall.ent.sirsi.net/client/en_US/loynolaw/search/detailnonmodal/
ent:$002f$002fSD_LALL$002f0$002fSD_LALL:86352/ada?
qu=English+Reports+Full+Reprint&rt=false%7C%7C%7CTITLE%7C
%7C%7CTitle
12.Weekly Law Reports (WLR) :
https://lall.ent.sirsi.net/client/en_US/loynolaw/search/detailnonmodal/
ent:$002f$002fSD_LALL$002f0$002fSD_LALL:59355/ada?qu=
%E2%80%8BWeekly+Law+Reports&rt=false%7C%7C%7CTITLE%7C
%7C%7CTitle
13.All England Law Reports (All ER):
https://lall.ent.sirsi.net/client/en_US/loynolaw/search/detailnonmodal/ent:$002f$0
02fSD_LALL$002f0$002fSD_LALL:60312/ada?qu=All+England+Law+Reports&
rt=false%7C%7C%7CTITLE%7C%7C%7CTitle
14.All England Law Reports Annual Review (All ER Rev.)
https://lall.ent.sirsi.net/client/en_US/loynolaw/search/detailnonmodal/ent:$002f$0
02fSD_LALL$002f0$002fSD_LALL:32343/ada?qu=All+England+Law+Reports+
Annual+Review&rt=false%7C%7C%7CTITLE%7C%7C%7CTitle
15.Scottish Civil Law Reports
https://lall.ent.sirsi.net/client/en_US/loynolaw/search/detailnonmodal/ent:
$002f$002fSD_LALL$002f0$002fSD_LALL:28192/ada?
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qu=Scottish+Civil+Law+Reports&rt=false%7C%7C%7CTITLE%7C
%7C%7CTitle
16.Andrew Dewar Gibb, James Irvine Smith, “Scottish law”, Britannica, htt
ps://www.britannica.com/topic/Scottish-law .
17.UK Court Structure”, JustCite The good law, https://www.justcite.com/k
b/editorial-policies/terms/uk-court-structure
18. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4807099
19. https://www.parliament.uk/about/how/elections-and-voting/
20.https://www.parliament.uk
21.https://www.gov.uk
22.https://www.youtube.com/watch?v=HkfC8J95lGw
23.https://consoc.org.uk/the-constitution-explained/the-executive/
24.https://www.britannica.com/topic/prime-minister
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