English And European Law: Sources, Features, And Operation

English and European law

Discuss the sources of English and European law, their respective features and how they operate;

Explain the role of judges, and the courts and the legal profession;

Describe the relationship between the evolution of law and society’s morals, values and attitudes.

The current study is based on the understanding and applicability of necessary law in relation to criminal offence under the English Law. Cases of theft and morality have been undertaken in the study to understand the legal proceedings and functionality of Court of Law along with the relevant judgment passed on these previously mentioned cases. The cases are supported with adequate case laws and parliamentary legislations in determining the outcome of the study. 

The case of theft:

Ever since United Kingdom joined the European Economic Community, which is currently, known as European Union, it has systematically passed the power to create the laws, which are operating in the country within the wider framework of European institutions. The United Kingdom is currently subjected to Community law and no more a direct consequences of various treaties (Andrews 2016). There are several sources of English and European laws, which are binding on the European Union and have the authority to take precedence over any domestic law.

It was observed that case that a taxi driver who was the defendant got an Italian passenger and the passenger handed the defendant with a piece of paper where the desired destination was to be covered. The taxi driver informed by saying that trip is long and could cost the student €6 however the correct amount of fare was 10s rather than €6. The taxi driver proceeded with the journey and took €6 from the student, as he was unaware of the actual amount of fare. The taxi driver did it ostensibly in order to cover the expense of two-way fare.

The court undertook the reference of “Lawrence v Commissioner under the AC 262 of 1972” is an English law case, which established that misuse of property under the “Theft Act 1968” (Horspool and Humphreys 2012). It was held by the “House of Lords” that appropriation of property might take place even without the permission of principle owner of the property. It was understood that the drafter’s intentions was leaving out the consent from the offence so that the prosecution is relieved of establishing the lack of consent.

Jury mainly composes of people who are related to travelling business, which might help in understand the case with through inspection. In addition, the main function of the jury is to decide whether the defendant or the accuser is saying the truth. Moreover, the vote of the jury could mainly help the judge in making adequate decision regarding the case. 

The case of theft

The Judge mainly evaluates the overall evidence that is provided by both the defendant and the accuser. In addition, judge effectively accommodates, vote of jury and plea of both the defendant and accuser in making adequate judgment. An important benchmark under the English and the European law is that Judges and legal professions play many vital roles. They are responsible for interpreting the law, evaluating the evidence presented and controlling the trials and hearings unfold under the court. Furthermore, it is noteworthy to denote that judges are the one who makes impartial decision in pursuit of justice. On the other hand, the legal professionals ensure that judicial cases are contested amid the opposing parties, which takes into the account the legal arguments to be presented in the courtroom (Green 2014). The judges however, remain on top of the fray, offering an independent and impartial assessment of the facts and determine the applicability of law. Below listed are the role of judges, court and legal professions are as follows;

It is to be considered that essentially the role of judges is to interpret and uphold the law, which is laid down in the statutes by the parliament. The court on the other hand, reviews the decisions passed by any inferior court, tribunals or public body. The doctrine of separations of powers is directed towards the preventions of power and the legal professions ensure that the judges under the constitutional framework exercise the absolute power (Herring 2014). The role of the judges is to investigate into the criminal and civil cases and bring out the differences in the civil cases by the jury. It is noteworthy to denote that the English court systems are adversarial and the judges play an important role between the prosecution and the defense.

The defended mainly pleaded that due to the long trip, higher amount of fare was charged to the Italian passenger. In addition, the defendant further added that due to the long route drive the defendant would not have any passenger returning from the route.

The main function of the police is to provide relative evidence regarding the case and present information to the jury and the judge. In addition, then police also helps in maintain peace in the court, where the defendant and the accuser does not come into quarrel.  

The “House of Lords” upheld the judgements passed from the court of appeal and upheld that the conviction under “Section 1 of the Theft Act 1968” was correct (Durham and Becker 2012). Some of the elements that was observed for an offence to fall under the section 1 of the act are as follows;

Jury’s composition and function in the related case

A person is guilty of theft if he is found

Dishonest

Misuses the property

Having the intentions of depriving any person of their belongings by stealing shall be construed accordingly

The appropriation in the above stated case is clear. “Under section 3” (1) states that any such suppositions made by an individual or a person regarding the rights of the principle owner is considered as appropriation (Durham and Becker 2012). In the current case, it was observed that an appropriation was not honest to his profession and he may be proved in numerous ways.  

Parliamentary legislation:

Under the English constitutional law, it is noteworthy to denote that parliament has the authority to enact, revoke and change any law, which it considerably sees fit to deal with, and no one can bind the Parliamentary successor. The degree of such sort of sovereignty might be questioned with regard to the European Union for a specified period until United Kingdom remains the member of European Union (Horspool and Humphreys 2012). However, one must not forget that the powers of parliament are absolute within the framework of United Kingdom.

Common law:

The next source of law, which falls under the English law is, the case law, which is the essential creation and refinement of law, used in the course of judicial proceeding. One should remember that English law is still the common law systems though the legislations have numerous guises it maximizes the importance of judicial creativity (Milsom 2012). Judicial decisions are one of the common sources of law throughout the operations of the doctrine of judicial proceedings.

Morality can be defined as the set of morals and values, which is widespread in the society by laying down the acceptable course of actions in a certain state of affairs and the limits, which the society regard’s as acceptable. On the opposite side, law can be view upon as the state of echoing in the quest to uphold the integrity of these values (Burg 2015). The issue of law and morality is undeniable complex but it is laid down in the below context.

It was observed that a trial was being conducted which was based on morality. A girl was forced by a woman named Mrs. Compton to undergo contraceptive guidance and was underage which is beyond the authority of law.  One of the significant problems, which originate when an attempt is made to take the morality approach law, is due the vibrant temperament of moral code. The court applied the act of Human fertilization and Embryology 1997 to pass the judgements.

Function of the Judge in the related case

As stated in the case of “R v Human Fertilization and Embryology Authority ex parte Blood” (1997), the court of appeal changed the law as because of the prevailing circumstances of unforeseen during the time of relevant statute offering another instance of disparity flanked by the law and contemporary moral views (Horspool and Humphreys 2012).

According to Burg (2015) highlighted that it is difficult in the modern generation to find the law of echoing morality which is hard to agree upon as different groups of people have different attitudes. These attitudes are based on the value judgements, which the observer sees in the normal society, which is likely to be changed over the course of time. It should be noted that if law is aimed to impose morality then it is faced with the problems which one may considers as immoral, another might not. It was observed in the case of “Gillick v West Norfolk and Wisbech Area Health Authority” (1986) and was held that Mrs Gillick sought a declaration on contraceptive guidance and treatment to girls under the age of consent, which was considered as immoral practice and illegal. The question was based on the view of morality aspect. After the preceding, it was declared by the House of Lords by passing the judgements against Mrs Gillick and stated that they judiciary verdict was passed under the legality framework of relevant statutes rather than based on the moral argument (Özçelik 2016). This describes the relationships between the law and morality however other relevant issues must be addressed first. One must also understand that if any conflict arises amid the law and morality then the two can obviously not be identical.

As it has been already observed that morals can be viewed as a set of principles, which is enforceable under the law. Morals have changed over the time but it does contain some of the basic elements. They are largely intentional and prejudiced views, which may be subjective, but there are no such obligations to hold them.

The relationships defines that not how “one must act” but how “one ought to act” and whilst they are not subjective to ethical and moral enforcement but they can be formally imposed (Redondo 2014). Both law and morality usually condemn actions like theft and murder. Whereas, crimes such as violations of rules and parking are not taken into account as immoral. Laws and morality can be viewed as particularly different and hence one should anticipate their relationships to be separate. This defines that there is also a moral code to which law must conform and one should always take no notice of laws which is not conformity with the natural code, as performing such act would lead to social unrest. 

Reference List:

Andrews, N., 2016. Sources and General Principles of English Contract Law. In Arbitration and Contract Law (pp. 165-175). Springer International Publishing.

Burg, W.V.D., 2015. The dynamics of law and morality.

Cartwright, J., 2016. Contract law: An introduction to the English law of contract for the civil lawyer. Bloomsbury Publishing.

Herring, J., 2014. Criminal law: text, cases, and materials. Oxford University Press, USA.Durham, C.M. and Becker, D.J., 2012. A case for court governance principles. NCSC, National Center for State Courts.

Green, L., 2014. Law and the Role of a Judge.

Hart, H.L.A., Raz, J., Green, L. and Bulloch, P.A., 2012. The concept of law. Oxford University Press.

Horspool, M. and Humphreys, M., 2012. European Union Law. Oxford University Press.

Milsom, S.F.C., 2014. Historical foundations of the common law. Butterworth-Heinemann.

Özçelik, B., 2016. The Conflict Between Law and Morality.

Redondo, M.C., 2014. Some Remarks on the Connection Between Law and Morality. Law and Philosophy, 33(6), pp.773-793.