Final Final
Final Final
GROUP ASSIGNMENT
BASIC LEGAL ENGLISH
TOPIC: LEGAL SYSTEM OF THE UK
GROUP: 07
CLASS: 4930
Ha Noi, 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 241092705 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:...................
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 6
2.1. Legislation: 7
2.2. Case law: 7
3. Legislature 8
3.1. Overview 8
3.2. Composition of UK’s parliament: 9
4. Executive 11
4.1. The roles and powers of the executive 11
4.2. The Prime Minister 12
4.3. The Cabinet of Ministers 12
4.4. The Civil Service 13
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 establi
shed to regulate behavior, resolve disputes, and uphold justice within a society. The UK
legal system is a complex and historical framework that combines common law principl
es, statutory laws, and European influences. It is unique in its division across three separ
ate jurisdictions: England and Wales, Scotland, and Northern Ireland, each with distinct
laws and court systems, though they share overarching principles like the rule of law an
d parliamentary sovereignty. The system is characterized by a reliance on judicial prece
dents (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 c
ountries. The countries come under three distinct and separate jurisdictions. They ar
e England & Wales, Scotland, and Northern Ireland. Each jurisdiction has its own c
ourt system 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 192
2 with the partition of Ireland. The Irish Free State (which later became the Republic
of Ireland) was thus 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 incorporate European legislation into UK law, and b. to recognize the jurisdiction
of the European 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 trib
al customs. The Druids (Celtic priests) played a significant role in resolving disp
utes.
- Roman Rule (43–410 AD): Roman law introduced written statutes, courts, and l
egal principles, such as property rights and contracts.
- Anglo-Saxon Period (5th–11th Century):
Local governance was organized through hundreds (administrative units) and
shire courts.
Kings issued dooms (legal codes) blending local customs and Christian moral
principles.
1.2. Norman Conquest and Centralization of Law (1066–12th Century)
William the Conqueror (1066): After the conquest, the Normans centralized legal a
dministration:
- 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 spreadi
ng uniform legal practices.
- Established the jury system for criminal and civil cases.
- Created precedent-based law, with decisions recorded to guide future cases, for
ming the foundation of common law.
Magna Carta (1215):
- A pivotal document limiting royal authority and affirming the rule of law.
5
- 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 R
oman influence, before developing into a centralized common law system under the Nor
mans. Key milestones, such as the Magna Carta, the rise of equity, and the Glorious Rev
olution, shaped its principles of fairness and the rule of law. Modern reforms, including
the Judicature Acts and Human Rights Act, have ensured its adaptability, making it a bl
end of tradition and modernity, and a global model for legal systems.
6
2. Source of law
In the United Kingdom (UK), the sources of law can be broadly categorized int
o several key categories. These sources are the origins from which the law is derive
d or established. They include both written and unwritten elements that shape the l
egal system. The main sources of law in the UK are: Legislation and Case law.
2.1. Legislation:
- Legislation (Statute law) is law that is created by a legislature. The most importa
nt pieces of legislation are Acts of Parliament. The principal legislature is the UK
Parliament, which is based in London. This is the only body that has the power to
pass laws that apply in all four countries. The UK Parliament consists of the Hous
e of Commons and the House of Lords.
- Legislation is the most important for several reasons:
They provide legal certainty and clarity establishing clear and specific rules.
They allow the government to address evolving societal needs and problems
They serve as the basis for the rights and responsibilities of individuals, comp
anies, and other entities within the jurisdiction.
- Some particular examples of statute law in the UK:
The Human Rights Act 1998
The Equality Act 2010
The Education Act 2002
3. Legislature
3.1. Overview
The legislature in the United Kingdom is the supreme legislative body, offici
ally known as the Parliament of the United Kingdom. This Parliament has two hou
ses: the Commons and the House of Lords. The main functions of Parliament inclu
8
de making and changing laws, debating important issues of the day, and checking a
nd approving government spending.
The British Parliament is mostly referred to as the “Mother of Parliaments” a
s it is Parliament which came into existence before any other. It is considered to be
the role model for the rest of parliaments of the world. Parliament of the UK is the
original legislative assembly of the constitutional monarchy of England, Whales, S
cotland and Northern Ireland. It meets up at the palace of Westminster in London.
9
- In-depth consideration of public policy: Such meetings are open to the public to ma
intain a healthy connection between Parliament and the public in order to achieve t
he good goals of public interest.
3.2.3. The Monarch
The third part of the UK Parliament is the Monarch (King or Queen). This role is
mainly ceremonial these days. The Monarch meets the Prime Minister once a wee
k to hear what is going on in Parliament, signs any new laws and attends the State
Opening of Parliament every year.
Parliament of the UK has a bicameral Legislature. Laws drafted and passed fro
m the House of Commons are sent to the House of Lords where they are examined.
Laws that get passed from the House of Lords are then sent to the Monarch for app
roval. Both the houses play a very healthy role side by side in legislation which is g
overned by the conventions based on their relationship. These conventions are not
codified yet, followed for the smooth running of Parliament.
4. Executive
In the United Kingdom's political system, the Executive Government plays a pivo
tal role in governing the nation. This branch of government is responsible for making
vital 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.
11
The executive also holds Royal Prerogative powers, these are the powers that are i
n theory attached to the monarch, but are now in practice largely exercised by the g
overnment. However, these powers now used by the government without needing
Parliament's consent. These include managing foreign policy, deploying the militar
y, 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.
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
12
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
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.
15
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.
16
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/en
t:$002f$002fSD_LALL$002f0$002fSD_LALL:60312/ada?qu=All+Engla
nd+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/en
t:$002f$002fSD_LALL$002f0$002fSD_LALL:32343/ada?qu=All+Engla
nd+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, h
ttps://www.britannica.com/topic/Scottish-law .
17. UK Court Structure”, JustCite The good law, https://www.justcite.com
/kb/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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