LAW 4A1 Principles of law essay
English law is based on the development of the common law as the mainstream source of the English law. Historically, English law developed on the ground of court’s rulings and precedents, which laid the foundation to the contemporary English law, which comprise the core of the legal system in England and Wales. The development of English law today raises the problem of the adaptation of English law to European legal norms because of the integration of the UK into the EU. At the same time, the integration of the legal system of England and Wales into the EU legal norms and standards raises challenges because of the difference between English law and European law based on the Roman law. In this regard, the development of English law today in England and Wales involves the development of English law in accordance with European legal norms to comply legal acts and court rulings with European laws and standards.
English law is the main source of law in England and Wales. At the same time, English law is based on the common law, European Union law and European Convention on Human Rights. Statutes of English law comprise the main source of law in England and Wales. English law statutes were shaped in the course of the history and court’s rulings and decisions that help to the development of basic norms and standards. Court rulings and legal acts introduced in the course of time contributed to the formation of fundamental principles and norms of English law, which determine the current legal norms and principles applied to the legal system of England and Wales.
English law also relies on the common law, which includes legal principles established through cases over centuries during standardization of legal norms in England and Wales. Cases became the source of law for English law applied in both England and Wales. Therefore, judges took decisions in every particular case relying on principles established through previous cases. Court precedents contributed to the development of legal rules, which courts took into consideration, while taking their decisions. As a result, the common law shaped the legal system of England and Wales and laid the foundation to basic legal norms and principles.
At the same time, in the course of the development of English law and the closer integration of the UK into the EU, English law has started to absorb legal norms of the European Union and accepted the European Convention of Human Rights as the fundamental legal norm that determines human rights in England and Wales as well as other parts of the UK. In fact, the UK implemented the Human Rights Act of 1998, which actually introduced the European Convention of Human Rights. The introduction of European legal norms in England and Wales along with the introduction of the Human Rights Act of 1998 in the UK became the major drivers of changes in the legal system of England and Wales. To put it more precisely, they became the determinant external factors that influenced the development of the legal system of England and Wales in the 21st century. In fact, the legal system of England and Wales has to comply with European legal norms and standards and the Human Rights Act of 1998, which is actually the legal act that introduces the European convention of Human Rights in the UK, including England and Wales.
The implementation of European legal norms and the European Convention of Human Rights became an essential step into the development of English law under the impact of the integration of the UK into European legal, political and economic structures. The integration of the UK into the EU naturally raised the problem of the adaptation of the UK legal norms to those of the EU. The EU is the supranational structure that unites member states. However, the membership in the EU is accompanied by the responsibility of its member states to introduce legal norms and standards that comply with those of the EU. Such homogeneous legal system is essential for the enhancement of the union. Otherwise, legal differences would raise legal barriers that would be unsurpassable and slowed down the integration of member states. Instead, the EU legal system, its norms and standards comprise the core legal system, which member states should respect and comply with.
However, the adaptation of European legal norms and principles has raised the problem of the gap between English law, which is based on principles of the common law originating from cases and precedents, and European law, which is based on principles of Roman law. As a result, European law based on statutes and legal codes, whereas English law is based on legal cases and precedents. Hence, the implementation of legal norms of the European Union and European Convention on Human Rights has raised the problem of the controversy of English and European laws. English law applied in England and Wales did not contain legal codes. In fact, the UK and, therefore England and Wales, did not even have Constitution codified like Constitutions and other legal codes of European countries.
At this point, the impact of external forces on the legal system of England and Wales has become particularly strong to the extent that England and Wales have to adapt their English law system to legal norms and principles from the different, European legal system, which is based on Roman law principles. Therefore, the major challenge in face of the legal system of England and Wales is the combination of English law and European law, which are a priori two absolutely different legal systems. The integration of European legal principles, raises the problem of the functioning of English law principles, while the retention of English law principles, raises the risk of the violation of European legal norms and principles.
Nevertheless, England and Wales have started the adaptation of European legal norms under the impact of legal integration of the UK in the EU. At the same time, English law remains the milestone of the legal system of England and Wales. England and Wales rely primarily on English law, while European legal norms are adapted to English legal norms and practices.
However, the adaptation of European law to English law has proved to be a very complicated process. In fact, English law adapts European law by taking it into consideration, while interpreting the common law and legal acts of the Parliament. For example, the common law principles should match European law to be implemented in English law system. Similarly, legal acts in England and Wales have to match European norms too. For example, the act of Parliament that contradicts to or violates the European Convention on Human Rights or other European legal norms cannot be implemented in England and Wales.
In such a way, external forces determine, to a significant extent, the legal system and principles in England and Wales because they should develop their legal norms and principles in accordance with European legal norms and principles under the impact of the integration of the UK into the EU. The adaptation of English law to European legal norms and standards is challenging because of different principles of laws. The impact of external forces turns out to be very significant and determinant in regard to the development of English law.
On the other hand, English law focuses on the respect to English law principles since European legal norms are integrated into English law system and English law persists in England and Wales. The impact of legal norms established in the EU is significant but the legal system of England and Wales adapt new legislative acts and court decisions in accordance with existing European norms. Such integration of English and European law is difficult but this integration is essential in regard to the integration of the UK into the EU.
Thus, today, the legal system of England and Wales complies with legal norms and standards of the EU and legal acts and court rulings should match the EU legal norms and standards. On the other hand, the legal system of England and Wales still operates on the ground of English law, while European legal norms have to be respected.
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