Tuesday, August 13, 2019
UK Legal Methods and Legal Systems Essay Example | Topics and Well Written Essays - 3000 words
UK Legal Methods and Legal Systems - Essay Example h sides is it due to the nature of human conduct is it due to the ambiguity of virtual and responsibility is it due to flexibility of interpretation Is every deed somehow intrinsically subject to morally polar interpretations or is it due to the content of ours laws is it due to the ways that deeds, interpretations and interactConsquently what the thought experiment proves is that at least our decisive part of reason why almost cases in our legal system do support well argued stories on both sides is that the content of our laws gives support to all these parties. The judge who has to choose between two well written briefs or two well argued precedents is forced to decide between two paradigms and to the extent operates one large step beyond normal legal reasoning toward revolutionary legal reasoning. But the judge is still working within a legal paradigm, still choosing premises from within the system, and in that sense is not fully revolutionary. Constitutional Aspect of Legal Method The U.K constitution is an unwritten one. Even though most of the constitutions exist in unwritten form, court judgements and treaties. The bedrock of British constitutional has traditionally been the doctrine of parliamentary supremacy or parliamentary sovereignity, accordingly to which statutes passed by parliament are the U.K s supreme and final source of law.(wikipedia.org) Statutory law is often considered the most important source of the British constitution. In practice some principles and elements of he constitutional, such as rule of law, are ancient and ingrained in the U.K s political culture that they would extremely difficult to abolish. Parliamentary sovereignty and of the rule of law have been widely considered the most important principles of the constitution since the nineteenth century and attempts to substantially circumvent them would likely be met with backlash by the electorate of the monarch. Because the United constitution adheres to he principle of parliamentary soverignity, no hierarchy in statutory Acts parliament. In Thoburn v.Sunderland City Council, Lord Justice Law from the High Court decided that he would try establishing a principle of law of law on this matter, which the United Kingdom courts ought to recognise Statues 1: The Basics Statutes are laws enacted in parliament and have a wide coverage nationwide. In the construction of statutes, words and phrases shall be construed according to the commonly approved usage or language and technical words and phrases, and such have acquired a peculiar and appropriate meaning in the law, shall be construed and understood accordingly. Statutes2:Search for Legislative Intention Search for legislative intention is
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