Дополнен 2 дня назад
in English law substantive rules of law derive their authority from the talowing: judicial precedents, legislation, certain ancient textbooks and. to a very limited extent, local custom. These are called the legal
sources.
Judicial precedent is of fundamental importance in the English legal system, for the principles of the common law, which have developed gradually through case-law over the centuries, are the main source of English law.
The English courts are bound to follow decisions of higher courts in the judicial hierarchy; further in many cases they must also follow their own decisions. Decisions of inferior courts, however, do not have the binding force. Decisions concerning the interpretation of statutes are also binding. Thus English, lawyers must always refer to case-law even d if the facts of the case they are preparing are covered by statute-law and not common-law rules. The law reports are therefore basic works of reference for members of the English legal profession.
The hierarchy of courts in this matter is as follows:
• Court of Justice of the European Communities
• House of Lords
• Court of Appeal (Civil Division)
• Court of Appeal (Criminal Division)
• Queen's Bench Divisional Court
• High Court.
It has not been determined whether decisions of the Crown Court are binding on magistrates' courts, but in effect they are not since they are not reported in the series of law reports and because appeals on point of law are by case stated to the Divisional Court of the Queen's Bench.
The lo divisions of the Court of Appeal are inequal status and are not stricly bound by each other's decision, but in pracice sach does pay attention to the rulings of the other and and has a strong persuasive influence on the other to ensure
1
What are the four sources of English law?
2 Which of them is the basic one?
3 What is the nature of different court decisions?
4 Do English lawyers have to refer to case law or statute law?
5 What is hierarchy of English courts?
6 How are the two divisions of the Court of Appeal interrelated?