The UK does not have a clear, written constitution, and it has also been described as “partly written and totally uncodified”. Most of its parts are based on laws passed by Parliament. These laws take the form of laws (unless otherwise stated) that apply throughout the United Kingdom. Parliament is the supreme legislative body of the United Kingdom and only Parliament has the power to pass any legislation it wishes. These laws are equivalent to all other sources of law and cannot be challenged in court. Secondary sources of law are considered core resources. They illustrate, describe, evaluate and analyze. They include encyclopedias, legislative amendments, treaties and reformulations. Secondary sources are a good way to start research and often have quotes from primary sources. They discuss the law, but they are not the law itself. Secondary sources, including encyclopedias, legal journals, and articles, are a great place to start your legal research. Like primary documents, secondary sources can help you learn more about an area of law and include references to applicable primary resources.
The main sources of law are the statements of the law itself. The main sources of law can be divided into two categories: legislation (laws, significant institutions and regulations) and case law (court decisions). Case law includes court decisions and is published as “Law Reports”, which are regarded as primary and fundamental sources of British law. The effective implementation of the law depends on the preparation of accurate legal reports containing the facts, issues and decisions, as well as the legal principles on which the judgment is rendered. The doctrine of precedent is a distinctive feature of English law, where recorded judgments are a valid source of law for future decisions. The resources listed below are helpful for accessing UK law. Click i for more information about these resources. Keywords: Legal research, primary sources, secondary sources Primary sources refer to the laws themselves that originate from official bodies and generally include treaties, court decisions, courts, laws, regulations, court records, legal texts and government documents. Here are the primary forms of sources of law in the UK: Legal research can be defined as the process by which legal information is discovered and collected, which facilitates legal decisions. In legal research, each phase has an approach that begins with an investigation of the facts of a fact and ends with the implementation and presentation of the results of the investigation (Steven M. Barkan et al., 2015).
To begin with, gaining expertise in legal research involves understanding the types of documents that make up “the law” and the connections between these resources. When considering a question of law, it is also necessary to examine laws (legislative decrees), cases (legal opinions) and/or legislative documents (regulations and decisions of administrative authorities). All of these resources are considered “primary sources.” However, most researchers are looking for at least one additional resource, called “secondary sources,” to support their investigation or research. Most often, the sources used in legal research are primary sources and secondary sources. In England, there is a hierarchy of sources, as follows:[24] Legislation, often referred to as statutory law, is the term applied to the written laws of a country. In the United Kingdom, legislation generally refers to Acts of Parliament, but in the broadest sense it also includes Acts enacted within the limits of the powers conferred by Acts of Parliament. Laws passed or codified by Parliament are constantly changing; You need to make sure that you are looking at the right version of the law for the research you are conducting. Before browsing the electronic resources, determine whether you are looking for the current (consolidated), historical (as passed) law, or law at a specific point in time.
The version of the law you are looking for will influence your decision as to which database to choose for your research. The following legal databases provide access to case books, judgments, summaries and commentaries. Click i for more information about these resources. Halsbury`s Laws in England and Wales: This provides the only detailed narrative explanation of the law by England and Wales. This includes laws that come from all sources and are drafted by or in collaboration with leading lawyers. It is listed alphabetically by subject. A typical and often crucial challenge for a new researcher is to get a perspective on how these sources can be applied to a particular topic and how they can relate to each other. A researcher usually needs to look at multiple sources and use specific techniques for each type of resource. A specific problem may require a researcher to review relevant documents at one or all federal, state, or local levels to further exacerbate the problem. To search for an Act of Parliament on electronic databases, look for the short title followed by the year. Criminal law is the law of crime and punishment in which the Crown prosecutes the accused.
Civil law deals with tort, contracts, families, businesses, etc. Civil courts endeavor to offer relief, such as damages or explanations, to a party[a] who has an enforceable claim. [13] A tort is a legal wrong. An action in tort usually requires the plaintiff to prove that the defendant had a “duty of care” and breached that duty. The classic types of tort claims are those based on negligence, harassment, defamation, misuse of private information, etc. Sometimes a claim may involve both contract and tort, but a tort action does not require that there be a contract between the parties, but only that one of them has an obligation to the other. Such an obligation may have been developed either by common law or by statute. International treaties such as the Treaty of Rome of the European Union or the Hague-Visby Rules are only effective in English law if they have been adopted and ratified by an Act of Parliament.
[11] Treaties adopted may subsequently be terminated by executive measures,[12] unless such denunciation or withdrawal would infringe the rights enacted by Parliament. In this case, the executive branch cannot be appointed because of the doctrine of parliamentary sovereignty. This principle was established in 2017 in R (Miller) v. Secretary of State for Exit the European Union. All England Law: This is the collection of most frequently cited reports for ongoing cases. However, they are not corrected by the courts and do not include lawyers` claims. Britain has long been an important trading nation, exerting a strong influence on the law of navigation and maritime trade. The English law on salvage,[40] collisions,[41] interception of ships,[42] and carriage of goods by sea,[43] was governed by international conventions which Great Britain helped to develop.
Many of these conventions contain principles drawn from English common law and documentary procedures. [f] After independence, English common law still exerted an influence on American common law – for example, Byrne v Boadle (1863), which first applied the doctrine res ipsa loquitur. Jurisdictions that have adhered to the common law can adopt the modern legal developments of England, and English decisions are generally convincing in these jurisdictions. Unlike Scotland and Northern Ireland, Wales is not a separate jurisdiction within the United Kingdom. The customary rights of Wales within the Kingdom of England were abolished by the laws of King Henry VIII in Wales, which brought Wales into legal conformity with England. Although Wales now has a devolved Parliament, any legislation it passes must comply with matters circumscribed under the Government of Wales Act 2006, other Acts of the UK Parliament or an Order of the Council made under the 2006 Act. The common law includes both substantive rules, such as the offence of murder, and procedural rules, such as rules of judicial procedure, which flow from the inherent jurisdiction of the court. Extra-parliamentary publications: These include reports and background papers from departments and agencies such as the Ministry of Health, the Ministry of Defence, the Ministry of Justice, etc.
Most documents can be found on each department`s or agency`s website (www.direct.gov.uk/) Each jurisdiction has its own laws, court systems, lawyers and judges. However, English law, on the other hand, is the archetype of common law jurisdiction based on case law. [14] You can access the Halsbury Laws via LexisLibrary and we also have it available in paper form in the library. The UK is divided into three main (or autonomous jurisdictions): Most new laws or amendments to existing laws are proposed by the government.