LEGAL SYSTEM OF ENGLAND AND WALES

Question 1

What are the components of a typical legal system?

Answer 1

1. The existence of a constitution
2. A relationship between central and local government
3. The leadership of a dominant body of people who control the levers of power, and who set the agenda for the operation of the system
4. The influence of geography, military events, and neighbouring states
5. Invariably the impact of religion
6. Some element of the popular will
7. Grassroots activities, such as leisure pursuits, trade and travel
8. The growth of technology

Question 2

Explain Lord Bingham’s Rule of Law Theory Key Principles

Answer 2

1. The law must be clear and predictable
2. The exercise of discretion should be subordinate to the exercise of law
3. We should all be equal before the law
4. The state should provide an essential safety net for the settlement of matters which private parties and individuals were unable to solve
5. The state should adhere to its international as well as national obligations.

Question 3

What is the position on International Law? (Malcolm Evans)

Answer 3

1. International law should be considered an adjunct to the legal system of England and Wales, rather than something superior.
2. The rule of law must remain paramount, regardless of the international perspective.

Question 4

What is adopted from the Magna Carta in our current legal system?

Answer 4

1. The involvement of the monarch and other elite elements in society.
2. The acceptance, sometimes gradually, often in the face of conflict, of the rule of law.
3. The importance of commercial interests such as those represented by the City of London.
4. The existence of courts and their officials.
5. The presence of simmering, and frequently overt, dissatisfaction amongst key elements of the population.

Question 5

What are the consequences if police act outside the law?

Answer 5

1. There are both criminal and civil penalties.
2. Governed by Police and Criminal Evidence Act 1984.
3. Criminal Justice and Public Order Act 1994.
4. Policing and Crime Act 2017.

Question 6

Discuss the BBC.

Answer 6

1. The BBC began life in its current form by way of Royal Charter in 1927. The Charter is periodically subject to renewal.
2. A licence fee payable by households throughout the UK provides finance for it.
3. The lack of direct fiscal control by the Government means it is able to maintain independence of a sort from Westminster politicians.
4. One could say the BBC acts as an important additional check and balance within the legal system.
5. Like the courts, the BBC also has a duty to be impartial. [Keighley v BBC]
6. View of the courts: The BBC is essentially an independent body, a perspective almost certainly echoed by the vast majority of the UK population.
7. BBC attributes: a) a commitment to impartial broadcasting; b) regularly reports events in Parliament; and c) holds to account both the Government and Her Majesty’s Official Opposition.