Introduction
England and Wales have legal structures that come from different sources and work towards better development of the community. The use of a proper legal structure in the community helps to manage the resources, govern individuals and drive the nations towards a better level of handling their core functions (Habermas, 2015). Therefore, diverse sources help to make the legal structure of the countries fair and just. Hence, the use of external and internal sources of law in England and Wales ensure they pick from relevant sources that enhance their governance. These sources of law are therefore instructional in influencing society to develop in a specific manner.
Internal Sources of Law
The internal sources of law are those that are found within the nation and influence the creation of laws directly. Consequently, there are different internal sources of law in England and Wales. These internal sources come from the systems of the community, experiences of the judicial system and previous legislation in the countries. Hence, the use of these laws helps to manage diverse issues that need a solution with an eye for the betterment of the community (Alavi, 2016). Thus, the internal sources of law are determined by activities in the community and changes that take place within the countries to shape their activities in a typical manner. These factors are therefore influential and instructional in the creation of a way to make and amend laws in the nations. The internal sources of law to be discussed in this case are statute law and common law.
Statute Law
The English and Walsh description of a statute is the act of parliament that is entirely accepted by the legislature. Statutes begin from the step where they are bills and have to be passed through readings in the parliament where the representatives look into their relativity to the community (Metzger & Stacj, 2016). The use of statutes ensures that the local communities can relate to these laws and representatives decide upon them before the laws get a royal assent to become constitutional. Hence, the use of the parliament ensures that there are diverse issues to be stipulated in the community and the internal organs of the government like the legislature and executive can effect a better administration of the society.
The statutes are internal sources of law that have to be considered in the course of running any government. The use of the internal sources helps to ensure that contextual cases could be handled using local issues. Selection of the relevant statutes, makes the leadership of the community an easy task for the government (Habermas, 2015). Therefore, these internal systems of law in England help in discovering better ideals that could help manage the community. Thus, these avenues ensure the development of a proper legal tact to help handle administration. The statutes are therefore an adequate avenue to ensure that the legal system in Wales and England relates appropriately to the needs of the citizens.
Statutory law in England and Wales can be on different levels, but they involve the representatives of the involved communities. Some statutes are passed at the regional level and those that are passed at the national level. These statutes work to ensure that there are diverse issues to conduct better governance in society (Challenge, 2014). For instance, at the national level, the statutes have to be considered concerning the growth of the community, and the issues that face them. The introduction of a bill to the House of Lords and representatives ensures that they look into all of the issues under discussion. The bills are discussed, and instructional issues addressed to ensure that different activities could help with the growth of a modest way to tackle activities.
The use of the statutes at the national level comes after all of the processes have been passed, and it has been assented to become a law. The bill has to pass through required readings in the two houses, whereby each of the members deliberates on the importance and how it helps the society. In situations where a particular clause of the law does not augur well with the representatives, corrections and amendments are conducted to suit the community (Alavi, 2016). These instrumental actions help in the determination of a better outcome of these activities. The legislature has to consider all of the options that are available, and it helps to make a more significant development of the law. After all of the corrective activities have been conducted, the bill is passed into a law that helps to bring it into consideration. Hence, the process makes sure that internal statutes could be made in a better structure to help serve the community.
Common Law
Common law refers to an internal source of law within the judicial systems. The aspect of common law in the society comes from decisions that have been made in the judiciary and within the previous cases within the community. Hence, common law greatly infers the landmark cases that have been decided within the country, and they get to mean a great future of looking into other cases within the community. Therefore, the common law helps to look into a better determination and development of measures that will push the society towards working on a better pedestal of carrying out activities.
The aspect of common law comes from the ancient judgments that were made in the king's courts and could, later on, be applied on similar cases. Notably, one-third of the modern worlds judiciary precedents are by common law, and they work to ensure a better determination of value in the community. Therefore, the common law works to ensure that there are instructional services to the community concerning the previous establishments in the legal systems. Consequently, the modern judiciary uses legal systems that have been in place ever since the ancient times (Neuwahl, 2015). This means that the judiciary will base its analysis and rules on different diverse mentions to the cases provided. The common law, therefore, works to ensure that various issues are taken into consideration with the growth of a better ideal to make the services better. The common law system in the UK, therefore, depends on the decisions made by the judges in the legal entities and whatever precedents they present to the community.
Common laws come from judicial courts or tribunals with the same powers in the community. In most cases, the common law comes from the cases where both of the parties have no specific stance on what the meaning of a particular aspect or clause of the law. This is, therefore, something that relates to the community and makes sure that recent and updated decisions could be made to measure up to the actions that take place in the community (Challenge, 2014). Hence, in relating to the aspect of common law in the community, one gets to look into the cases within the community, their relevance and a significant cause of motion for their growth in the courts. Therefore, the common laws work towards the development of a much better determination of their outcome.
The common law, therefore, relates to aspects where different issues have to be outlined in the community that does not already appear in the legal aspects. This makes the judiciary to have a task of establishing a moral ground that has never been partaken in the society. The decisions from these cases, therefore, come out as a strong ground towards the creation of common law in the Walsh society. However, before the courts distance themselves from previous cases and related circumstances, they have to make sure they distinguish the case from previous ones and establish a necessary step towards showing its uniqueness in the society. The unique nature of the case attracts a strong relation with issues that count in as beneficial in the formation of common law. The decision of these cases, therefore, come out to influence the community to create a proper ground to carry out their activities. The courts make a decision because of these cases, and they are used to determine future cases in the community.
External Sources of Law
European Union Law
The European Union is formed by countries that have different goals in relation to the determination of activities that include their actions that have to be undertaken. Thus, regarding their goals, the nations have to adhere to the treaties and regulations that have been set by their national entities. These activities work towards the development of a modest appeal to the community as well as relate to major activities which they need to carry out. Therefore, the European Union law is based on the agreements, treaties and their regulations that they have to be in relation with (Hage, 2017). The use of the legal aspects affects how the countries carry out their activities and whatever issues are relevant to their exercises.
The EU law comes in forms and directives that have to be considered with the growth of adherence among the member states. The EU laws influence whatever kinds of laws have to be instituted within them, and determine the creation of a beneficial system that could function with the countries (Petrazycki & Trevino, 2017). Hence, in relating to the actual activities in countries, the EU laws provides directives and legal forms that have to be followed through in the course of their governance.
The EU forms and directives, therefore, affect the laws within a country. This makes them a source for external laws for the country. The decisions collectively made by EU member nations influence the outcome of laws in England and Wales. The decisions made also come out to alter critical laws in the member states. This displays how the EU laws affect the laws in England and Wales. EU laws also include supplementary laws, which are unwritten, and they work to ensure the growth of modest handling of cases in the courts of justice (Alavi, 2016 pg. 119). The application of instrumental appeals to make a better determination of their activities ensures that the supplementary laws get into the legal systems of the community and could be used to provide better development of activities. Therefore, the legal entities of England and Wales have to consider the supplementary laws as the EU supplementary laws have stipulated them. This set of laws influences the creation of a better determination of value for the countries in handling cases relevant to the interests of the EU.
European Convention on Human Rights
The European convention on human rights states the diverse rights that individuals have within its jurisdiction. These rights are portrayed as a great development of the measures provided in the countries, as well as looks into better ways to carry out activities in the society. Therefore, with relevance to the handling of the convention on human rights, each country has to work towards the identity of their legal developments in alignment to the convention (Chibindu, 2017). The legal entities in countries are therefore affected by the changes in the conventions and the creation of issues that they have to tackle. The European convention, therefore, has to consider the great issues, which have to be affiliated to the growth of schematics in addressing cases within the country. Thus, adherence to the EU convention on human rights influences the laws of the country and makes them have a specific way of having to deal with the present issues in a particular manner.
The convention on human rights states different activities that have to be conducted to achieve an ascribed level of human rights preservation. The creation of values within these countries and statutes that could help with the alignment to the convention show the influence tha...
Cite this page
Paper Example on Business Law. (2022, Sep 28). Retrieved from https://midtermguru.com/essays/paper-example-on-business-law
If you are the original author of this essay and no longer wish to have it published on the midtermguru.com website, please click below to request its removal:
- Case Study: Fisher vs The University of Texas at Austin
- Business Ethics Reflection Paper
- Tesla Motors Companys Analysis - Paper Example
- Case Study Analysis: Pepsi Co
- Essay Sample on Business Management: Law and Strategy Concept
- What Causes Structural Racism in the Justice System? - Paper Example
- Pedophilia & Cognitive Impairment: Examining Neurodevelopmental Correlates - Essay Sample