Sample: Sample Law Essay on Legal System

Task 1: Law Lecture Notes

1.1 The distinction between Primary, Secondary and Delegated Legislation

There are various differences between the primary, secondary and delegated legislation in terms of process, policies, agreement, changes, support and applications. Primary legislation is an act that is processed and possessed by the parliament of the country whereas secondary legislation can only make tiny alternations to an act. In difference to this, the act must say about the alterations that can be made through secondary legislation and what sort of procedures are followed by the secondary legislation (Kosti, Levi-Faur and Mor, 2019). The primary legislation depicts the statutes or acts of parliament and in contrast, the secondary legislation is reflecting the statutory instruments which are mainly recognized as the orders, rules, codes and regulations. The primary legislation is also categorized into two types on is public general acts and second is local and personal acts. The public general acts are escorted by descriptive notes which illustrate in proper language which act the sets out to attain and place its influence in the related context. The delegated legislation comprises all types of subordinate legislation comprising, bylaws, warrants, schemes, rules, notifications and regulations alongside any other statutory instrument surrounded by the activities of power discussed under the constitution or act (Neudorf, 2018). Secondary legislation is the law given by ministers or other related decision-makers under the powers provided by a parliament or act which is primary legislation. Therefore, it is also known as a subordinate or delegated legislation and mainly takes the consistent log of a statutory instrument. In contrast to primary legislation, delegated legislation is a broader term which covers the number of legislations made by government general and government agencies under the authority of acts of parliament which eventually delegates this power to the related agencies (Kosti and Levi‐Faur, 2019). Secondary legislation has been disparaged for being inequitable as it limits the involvement of parliament in making proper decisions on the advertised day. Nonetheless, it fulfil the gaps related to the shortage of primary legislation in this growing world through faster decision procedures rather than smaller group-based involvement of linked parties (Vincze, 2018).

1.2 Hierarchy within statutory sources and the case law

The making of international law is categorized by commanding hierarchies of influence. Mainly, if there is a statute on a problem, it has more worth to the case law, like the constitution is higher than the statutory law. Nonetheless, statutory law and constitutional law have always been interpreted by judges to make case law an influential source of law. English rules and regulations are formed with the help of statute law and case law in a direction to deal with societal issues. The prior decisions taken by judges have been addressed by case law with similar arguments, facts, figures and materials (Paul, Goyal and Ghosh, 2022). Statute law is also important because it is written law and is given by parliament therefore it is known as the act of legislation or parliament. Based on this hierarchy it provides the official and solid interpretation of the law and therefore the majority of cases are decided through case law. Nonetheless, at times the judgement cannot be finalised because the decision about the case has been taken by using statute law. In contrast, when there is a possibility of eventualities or ambiguities that statute law cannot cover separately rather it requires fair ruling and customised rules (Katz et al., 2020).

1.3 Illustration of the influence of the Human Rights Act

Human rights are the most basic rights that belong to all of us simply because of one’s needs and wants simply as a human in society. Basic human rights embody the important values in society for instance dignity, respect, equality and fairness. It has a greater impact because it protects each individual mainly those who may confront isolation, abuse and neglect. The act provides further influence on the freedom and rights guaranteed under the European convention (Riaz, 2021). Therefore, the judge must observe and provide an impact on the regulations in a way that is attuned to conventional rights. It is unlawful for the authority of the public to act in a certain way thats is incomplete with a conventional right. In light of a study conducted by Rice (2019), it has been depicted that human rights are required to preserve and protect the humanity of every individual hence guaranteeing that everyone can live a worthy life with dignity. Human Rights Act aimed to guarantee the allotted rights that are linked with the legal system of the United Kingdom (UK). In the UK the initiation of this act gives the core understanding of UK law, therefore, it has a positive effect on Human Rights Act in society. Judiciary bodies and public authorities become more responsible in taking proper decisions to guarantee that they are compatible with Human Right Act so that everyone has equal power to entitle the freedom to illustrate their view alongside the right to a fair trial.

2.3 The operation of literal, golden and purposive rules of statutory interpretation

The major rules of statutory interpretation are based on the claims like the act must be assembled as a whole so that the internal uniformities are circumvented. On the other side, the words are practically capable of any specific meaning that is not based on the results. The rules of statutory operations are majorly employed in the majority of cases of court. But still, some extraordinary cases are not covered by the statutory interpretation. Thus, specific rules have been created to reinforce fair decision-making and ruling (Krishnakumar, 2019). The literal rule is part of the interpretation and is where the courts simply observe and measure the words of the statute and employ them as they are written providing them with their natural and ordinary meaning. It is the first rule applied by the judges and under this rule, the courts employ the plain meaning of the statute. It permits the judges to take fair decisions relying on the current statutes which are already defined prudently. The drawback of this rule is that it originates the limitations to delivering a compatible decision or even illogicality when the discrepancies in explanation of the literal meaning have been raised (Staden and Eck, 2018). The golden rule is an extension of the literal rule and it depicts that if the literal rule originates an absurdity the courts should observe for another meaning of the words to evade that bizarre outcome. In certain sophisticated scenarios where the literal rule could outcome in an obnoxious or immoral decision. For instance, the mother was murdered by his son who had not made the required will. By following the statute the son should receive the estate therefore it is preposterous to agree on a murder to be promoted from his crime (Fallon, 2019). With the help of the golden rule, the mutual sense performs a crucial rule so as to attain the justice decision which is believed to be acknowledged by society. To some extent, this rule interrupts the farewell of powers but it benefits by filling the loopholes of the current law in some extreme situations. Whatever the outcomes are if the wording of the law is plain then one should be employed literal rule. Unless there is an absurdity or ambiguity in the phraseologies of law, the ordinary sense of this regulation should be resorted to as per the golden law of statutory interpretation (Tobia, Slocum and Nourse, 2022). The rule of purposive interpretation allowed a reading of facility dependable with the object and purpose of the act but the courts cannot constitute by themselves either by taking away or resolving away the substantial rights by stretching any sort of legislation. The purposive technique of statutory interpretation preserves looking for the reason for the related legislation before interpreting the words for the decision. Mainly, this rule is used with the occurrence of ambiguities reflecting the equal opportunities of both parties where it is employed when the courts use extraneous materials from the pre-enactment phase of rules and regulations comparing early drafts, white papers, Hansards and white papers. Therefore, it can be claimed that the purpose interpretation comprises the refusal of exclusionary rules (Harris and Walker, 2019).

3.1 Evolution of the structure of the criminal and civil courts

All criminal cases will initiate in the court of Magistrate but most dangerous criminal matters are moved to the crown court. Therefore, the appeals from crown courts will go direct to the high court and probably to the court of appeal or even the supreme court of the UK. In contrast, civil cases will normally be initiated by the country court. The trial of a majority of household cases, for instance, property disputes, estate inheritance or marriage issues moved to the family courts. All other related civil cases for instance the breach of commercial or personal contracts dealt with by the country court. As the name suggests the appeal cases are resolved in High Courts and transported to the court of appeal. The majority of criminal cases are started in the court of magistrate although civil matters are also resolved in the same court. Some indictable or critical cases go straight to the court of the crown and the appeals of criminal cases will be moved to the high courts for further processing and appeal.

3.2 Evaluation of the role of the judiciary and the judicial appointment process

The judiciary is the governmental process which administers justice by following the law. The term is employed to refer excessively to the judges, adjudicators, magistrates and other support personnel who process and take over the overall system. The law is employed by the courts to settle disputes and punish breakers of the law by following the laws. It guarantees fair treatment to the citizens by the legislative applications because sometimes there is a vagueness in the statute. Based on the conditions it entirely depends on the judge to employ the regulations to interpret the statute to attain a fair judgement. The recommendations linked to the judicial commission are referred to the parliamentary committee. The legal professionals specialised in various regions participated in their expertise in the role of the legal system. Normally, they are named as legal secretaries, barristers, legal executives, solicitors and judges. Whereas, the professionals from the pool of employed legal executives, barristers and areas who are eligible according to their level of experience and expertise are chosen by the Judiciary Appointment Commission. After receipt of a nomination, the committee from the commission may confirm the entrant by a majority of its overall membership within fourteen days and failing the relied nomination shall be considered to have been confirmed.

3.3 Examination of the function of the jury in criminal trials

The jurors are charged with the accountability of deciding whether, on the facts and figures of the case, a person is not guilty of the offence for which one has been charged. Moreover, the jury must reach its decision by only considering the evidence introduced in the courts and by the direction of judges as well. In the legal system of the modern era, the jury is created by a group of random women and men selected from the electoral register in the UK. In contrast to earlier, the jury acted as a spectator and supplied information to the worthy courts. The credit related to the adoption of the jury roles given to the higher authorities and reforms of the role of the jury by Henry as it has greater adoption (Peter-Hagene, 2019). The concerned people sit in the courts to evaluate the information given to them to define if the perpetrator is innocent or guilty. The jury system acts and processed as an open door of the legal system acted by the public as it makes the decisions of a trial to be fairly attained by the group contribution by ordinary people with diversified circumstances from the society. As this, the jury has a greater function in criminal trials as it differentiates the early role and modern adoption (Mitchell et al., 2020).

4.1 Assessment of the duty and powers of the police

Police power is the basic right to guard the country and its population from threats to public safety. As the term power of police predates the growth of organised police forces which did not grow until the postcolonial period. On the contrary, in the colonial period, police power was employed to control the nuisances for instance tanneries that fouled the hidden elements in the town. Police officers are conferred with a massive amount of responsibility and a massive amount of power and authority to carry out those errands. Police are always provided powers to stop, question, arrest, search and detain people. They are issued firearms and can use force comprising lethal force and carry out comparative duties accordingly (Attwood, Sneath and Thacik, 2020). For any country, there is a need for the state, security, system and even the forces one of which is the police. The major duty of the police is to investigate the issues, crimes, and wrongdoings and stop them from possible activities. It has been briefed by Jervis (2021) that the police must lawfully execute these circumstances and controls without breaching the code of conduct, human rights, breaking rules and equal legislation for all. Every police officer is always responsible to employ their powers and integrate controls when required and in a proportionate manner. By following the constitution, the states reserved much of their police power but distribute the right to regulate safety and health issues to the government. For instance, the government's use of police power is drug and food regulations, environmental preservation regulations and safety regulations of the workplace. Sometimes, the states have companion rules and in most of these regions alongside the local public health enforcement for instance the communicable control, drinking water sanitation and other related inspections. In a variety of cases, the state shares authority with the government and the courts will always reinforce whichever is the most stringent rules and regulations. The local and state public health regulations are exercises the abovementioned power of the police (Bradford et al., 2020).

4.2 Examination of the role of the Crown Prosecution Service (CPS)

The CPS prosecutes the cases of criminals that have been examined by the police and other investigative organisations in Wales and England. It is an independent concept and one has made decisions independently without the involvement of the police and government. The governmental delegation is increased for the competence of civil trials, rereading the Alternative Dispute Resolution (ADR) mechanisms and taking immediate measures for rationalising the processes (Floinn, 2020). In light of a study conducted by Porter (2019), it has been highlighted that there is a greater role of CPS inside and outside society as prosecutes supposed criminals of related cases. After the proper investigation by police and other concerned organisation the power of prosecution has been executed by the CPS to the appropriate individual and making sure that one attained the justice trial for the corresponding offence. The CPS decides the number of cases that should be prosecuted and defines the proper charges in more critical or multifaceted and advises the police at the early stages and during the time of the investigation. The other strength is the preparation of cases which present at a court and offering data, support, assistance and information to witnesses and victims of prosecution (Nixon, 2019).

4.3 Critical assessment of the latest reforms to the civil justice process

The major aim of the civil justice process was to support organisations and people to settle disputes in a faster and more expensive way when the agreement cannot be attained by themselves. When observing the practical system it was still criticised as slower, multifaceted, expensive and less bearable. There are various reports given by experts related to civil justice but one of the renowned reports is given by Lord Woolf in 1996 which has a greater contribution to the reforms of the system. Nonetheless, Alternative Dispute Resolution (ADR) is another concept in the law which used to deal with disputes by giving alternative decisions (Sourdin, 2018). There are five basic reforms of civil justice reform where one is that the civil justice reform must always be an all-of-government technique and the other is that legal aid should be considered for giving to each individual. Similarly, civil justice reforms must always imitate the interconnected nature of the system alongside the proposals of civil justice reforms that must reflect on cultural competency. Ultimately, the rules governing civil proceedings must always be compassionate and fair. The ADR has greater importance and is the most used form of mediation, arbitration and conciliation while some techniques like ombudsmen remain the alternative for ADR that is made and reinforced through effective regulations and laws (Хакимов, 2020).