The Different Sources of Law in England & Wales Essay

The Different Sources of Law in England & Wales - Essay Example According to the paper the source of Legislation through which English Legal system obtains its laws and regulations is further divided into two sections including acts that are passed by the parliament as well as legislature that is delegated. Body One of the main sources through which English Law is created as well as altered is through Legislations that are passed by the parliament and the parliamentarians and laws that are delegated. Previously only common law was recognized as the basis of English Law, but with the changes in situations and due to need for change law that is enacted through legislation was adopted and is now considered as the most significant source of English Law. Laws that are created through legislation are enforceable and the citizens of the region have to follow these laws. The source through which English Legislation has been created and is altered is recognized as the Act of Parliament is regarded as superior to all laws and is created while giving import ance to the theory of sovereignty of the parliament. From this paper it is clear that the authority to make laws is delegated to a certain body that can only create regulations that are created in conformity with the restrictions that are created through a parent act passed by the parliament. Such legislations are regarded as inter virus which means these laws are to be created with the powers that have been delegated. The legislation that is enacted by the parliament can only be subjected to interpretation that is statutory in nature, while those laws that are created under delegated legislation can be tested for being unreasonable and unfair and can even be regarded as ultea virus which denotes that certain law have been created outside the authority that has been delegated. These laws are further divided into three types including: orders in council that are created when the region is experiencing emergency situations, ministerial regulations which are created under those acts that are passed by the parliament and by laws that are c reated by the local level of authorities. The second main source of English law is common law which is even regarded as precedent in English Law and is rules and regulations that are decided as well as created by judges through the decisions they take within courts and other settings of dispute resolution such as tribunals. The main feature of common law is situated in the term itself as the term common law denotes that these laws are created through the common sense of the judges. In the region of England as well as Wales, laws are not only created within the parliament, they are even developed through previous decisions that have been held by the judicial system.