Principles and sources of English law

1. English Legal System

Principles of English Law

English law is built on a few key ideas that keep everything fair and predictable. Think of it as a giant rule‑book that everyone follows.

  • Rule of Law – The idea that everyone, even the king, must follow the law. 📌 Exam tip: Remember the phrase “law over people” when answering questions about the rule of law.
  • Separation of Powers – The Crown, Parliament, and the courts each have their own job. 📌 Exam tip: Use the acronym “CPC” (Crown, Parliament, Courts) to recall this principle.
  • Common‑Law Tradition – Past court decisions (precedents) shape future ones. 📌 Exam tip: When asked about precedent, note the difference between “binding” and “persuasive” cases.
  • Statutory Law – Parliament writes statutes that can override common law. 📌 Exam tip: Look for the word “statute” in the question to identify statutory law.

Sources of English Law

Source Example How It Works
Statute Human Rights Act 1998 Written law passed by Parliament. It can override common law.
Case Law (Common Law) Donoghue v. Stevenson (1932) Judicial decisions that set precedents for future cases.
European Union Law (historically) EU Directive 2004/38/EC EU laws were incorporated into UK law until Brexit.
Customary Law Local land‑use traditions Long‑standing practices that can influence court decisions.

Analogy: The Law is a Library 📚

Imagine the legal system as a huge library. Each book (law) has a title (source) and a summary (principle). When you need information, you look up the relevant book. If a new book is added (new statute), it might replace an old one. If you find a similar book, you can use its contents as a guide (precedent).

  1. Find the title – Is it a statute, case, or custom?
  2. Read the summary – What does it say?
  3. Check precedents – Are there similar books that influence this one?
  4. Apply the rule – Use the information to solve the problem.

Exam Tips for 9084

When tackling exam questions on principles and sources of English law, keep these points in mind:

  • Read the question carefully – Identify whether it asks about a principle, a source, or how they interact.
  • Use the PEEL structure – Point, Explain, Example, Link back to the question.
  • Show your knowledge of key cases – Cite at least one landmark case for each principle.
  • Explain the hierarchy – Statutes > Common law > Customary law.
  • Use diagrams or tables – Visual aids can help you organise your answer.

Good luck! Remember, understanding the “why” behind the law is as important as knowing the “what”. 🏛️⚖️

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