What is the law?

• Law may influence certain aspects of our society, but most people
in the UK and Wales have very little knowledge of the judicial
system is used in those nations. For many, their key recognition
arises from newspaper articles featuring titles like' Murderer
sentenced to life;" Young rapist goes free" 'Burglar arrested.' That
sort of headline happens so often that it is not shocking that many
people only think of the criminal law and the courts grappling with
this type of case when the statute is stated.

• In fact, the law includes a vast array of circumstances, and

England and Wales' judicial system has a multitude of courts and
approaches to deal with various kinds of cases.
It’s good if you start your answer on precedent and other chapters that talk about how the law works. It
Different Types of Law

Very important as you will have to distinguish and know the details for all these types of laws and in what cou
for your analysis in the
Although the law includes such a wide range of issues, splitting it
into various categories can be useful. The very first differentiation
is that between international and domestic (municipal) law,
domestic law can then be categorized into public and private law;
both categories can eventually be broken down into several various
categories. The following are examples of these categories.

• International and national law

• International law is associated with conflicts amongst nations;

most of this law comes from conventions decided upon by the
countries' governments.
• National law is the law that exists within a nation: each nation also
has its own national law, and often there are broad variations
between the laws of different nations.

• The differences can be seen from the acknowledgment that

Scotland does have its own law and legal framework that is quite
different from the law and legal system existing in England and
Wales. E.g., while in both systems, criminal cases are tried by a
jury, the Scottish jury has 15 representatives, and a simple majority
of 8–7 can make the decision. The jury of England and Wales, on
the other side, includes 12 representatives, of whom at least ten
have to decide on the verdict.

Public and Private Law

There is typically a distinct difference between public and private

legislation under national law. In some form, public law affects the
state or government, while private law covers conflicts between
individuals or companies. It is important to split both public and
private legislation into different categories.

Public law

Public law applies to the government arrangement. Public law in

the United Kingdom consists of constitutional/administrative law,
tax, and criminal law.

Why is Public Law Important & What Does It Involve?

• Public law is important due to the unequal government-public
relationship. The legislature is the only agency capable of making
decisions on peoples' freedoms, and they must function within the
rules. If they are dissatisfied with an official body's ruling, a person
will apply for judicial review.

• Public attorneys can practice in various areas of law, including

constitutional/administrative law, tax law, and criminal law. These
are slightly different areas of law. For instance, if you were
employed in constitutional/administrative law, you could deal with
the NHS, local council, or other government institutions.

• Criminal lawyers are active in all facets of a prosecution,

including trial, police assistance, and appeals. Criminal law
typically involves a lot of reporting!

• There are several explanations as to why public law is distinct

from public law. These have changed over the years, but it is widely
considered as a mixture of the philosophy of subjection and the
theory of the subject. 

• The philosophy of subjection implies that the interaction between

the citizen and the state and private law is regulated by public law.
The philosophy of the topic implies that public law exists if a
citizen becomes a member of a public body.

• The mixture of these two theories leads to the definition of public

law as an area where an actor is an authority with the power to act
arbitrarily. When this body operates as a public entity, it follows
public law.

• It does not seem that some areas of law fit into either public or
private law. Employment law, for example, fits into both — the
employment contract is a matter of private law, while workplace
health and safety is a matter of public law.

There are three main types of law in this category. These are:

Constitutional Law

• It monitors the system of governing and any controversies that

occur over problems such as who is qualified to vote in the election,
or who is qualified to become a Parliamentarian, or if an election
was held by the proper procedure.

Administrative Law

• It governs the operation of state governments and public bodies

such as local councils. The right to judicial review of certain
judgments is an important part of this. Judicial review allows courts
to assess the reasonableness of a ruling (or refusal to make a
judgment). If not, the judgment will be reconsidered.

Criminal Law

• This specifies the types of traits that are prohibited at the risk of
punishment. It is said that a person committing a crime has violated
the state, and therefore the state has the right to charge them. This is
so even though an actual survivor of a crime is often implicated as
well.

•  For instance, if a criminal performs a burglary offense by

breaking into a house and stealing, the state may sue the perpetrator
for that robbery, although the suspect may also seek a private
prosecution if the state fails to provide a representation to the
defendant.

However, the state still has the power to intervene and take over the
matter even if there is a private prosecution. If the defendant is
found guilty at the end of the case, the judge will prosecute the
defendant for the crime because he or she has violated the state's
criminal law. Any reimbursement would automatically be offered to
the survivor, as the situation is not deemed to be a conflict between
the Burglar and the householder. The criminal courts, furthermore,
have the authority to order the defendant to pay compensation to the
individual and to render such a decision, as well as to fine the
perpetrator.

Private law

• This is commonly referred to as civil law and has many various

branches. Trust law, contract, family law, inheritance law, corporate
law, and employment law are the main ones. It is prudent, therefore,
to have some understanding of what sorts of conflict might be
present in these areas of law, so consider the following situations:

- A family claims that their package trip was not in accordance with
the tour operator's commitment and that they were located in a
lower-grade hotel than they had arranged for.
- A woman purchased a new automobile and found that the motor
was unreliable.

- A man who purchased a new automobile on contract purchase

failed to pay the payments because of the hire-purchase service.

- All these conditions are subject to contract law. Of example, there

are many other instances where arrangements can be concerned.
Look now at the next set of situations; they are also civil issues but
of a different nature.

- In a crash (the tort of negligence), a child's passenger in a vehicle

is harmed.

- A family argues that the vibration and pollution from a plant that
has just been built near their house (the annoyance torture) impact
their safety.

- An individual is harmed by defective equipment at work (due to

negligence, but may also entail the liability of the workers and/or
the obligation of the employer under health and safety regulations).

- A man claims that a false story about him was published by a

newspaper that damaged his credibility (the slander tort).

• All these cases are subject to the law of tort.

- A tort occurs where civil law continues to hold that, although there
is no agreement between them, one person owes another person a
certain kind of legal responsibility known as the duty of care, and
that duty of care has been infringed. 

- There are a lot of various kinds of a tort, and only some of them
are illustrated by the definitions mentioned. Most incidents are
induced by road traffic accidents because motorists owe a duty of
care to anyone who could be hurt by their negligent driving.
• Many private (civil) law sections are focused on specific subjects.
Family law includes topics such as whether a marriage is legitimate,
what the criteria are for divorce, and who should have the daily care
of any family members. 

- Succession law is concerned with governing who inherits property

when a person dies without creating a will, as well as with the
guidelines for making a valid will.

-  In the business world, corporate law is very important: it governs

how a corporation should be established, provides formal rules for
managing businesses, and deals with shareholders' and directors'
rights and duties.

• Employment law includes a large scope relating to employment,

from the original creation of an employment agreement to
termination or unfair dismissal cases.

- In relation to these fields of private law, there are also laws

concerning property, copyright and trademarks, maritime law, and
many other subjects, so it can be seen that civil law covers a wide
range of situations.

Distinguishing Between Civil and CriminalLaw

• Realizing that civil law is very distinct from criminal law is

essential. Criminal law is a branch of public law. However, civil law
falls In the distinct branch of private law. Crime is seen as a crime
against the state and society as a whole because criminal law is part
of public legislation. 

• Civil law is referred to as private law because the things it deals

with are between two persons. All forms of legislation have
different purposes and are dealt with in various courts.

Major chunk for your a

Differences Between Criminal Cases and Civil Cases

There are several distinctions in criminal proceedings and criminal

proceedings

The cases take place in different courts.

• In general, criminal cases are heard either in the Magistrate's

Court or the Crown Court, whereas civil cases will be tried in the
High court or the county court. (Keep in mind that some civil issues
can be handled within the Magistrates' Court, particularly family
cases)

• The person starting the case is given a different name.

- The ones bringing in the cases are known as the prosecutor in

criminal cases; however, in civil cases, they are known as the
claimant and previously known as the plaintiff (pre-1999). 

- As already mentioned, the criminal case is brought on behalf of

the state, and the Crown Prosecution Service is liable for
prosecuting prosecutions, although other state agencies that
investigate other types of crime, such as the Environment Agency
or Customs and Excise. 

- The individual (or business) making a claim initiates civil cases.

• The terminology used is different.

- A defendant is proven guilty or not guilty in a criminal case (an

alternate way to put it is to claim that the defendant is accused or
acquitted), while a defendant is determined to be innocent or not
responsible in a civil case.

-  Those deemed guilty of a crime may be convicted at the

conclusion of a criminal case, although anyone found responsible at
the end of a civil case will be required to remedy the matter as far as
practicable.

- This is usually done by granting payment in cash, known as

damages, although the judge can impose certain decisions such as
an injunction to avoid similar actions in the future or a specific
performance order where the person who violated a deal is required
to finish the contract.

• The standard of proof is different.

- It is necessary to prove criminal cases' without reasonable doubt.'

This is a very strong standard of evidence and is important as a
prosecution might result in a criminal receiving a long jail sentence.

-  Civil cases need only be proved' on the chance basis,' a lesser

requirement where the judge decides who is most likely to be right. 

- This key distinction in the criterion to which a case must be

proved means that although a plaintiff has been acquitted in a
criminal case, a civil case against such a defendant based on the
same facts can still be successful. Cases like these are rare.

- Certain circumstances where civil action can be accompanied by a

strong criminal case include instances involving road accidents. A
person may be charged and convicted of a driving crime, such as
passing a red traffic light or driving without due care and
consideration; this is a criminal case. 

- Anyone who was harmed as a result of the accident or who had

lost property may file a civil action and recover damages. The
reality that the suspect was guilty of a traffic crime would make the
civil case harder to prove

Major chunk for your a

Definition of 'Law'
• We have only tackled those areas of law so far and have followed
the structure that remains in England and Wales for a short time. It
is now important to explore more broadly what is implied by law in
general and to equate it with principles of morality and justice.

• Giving a concise one-sentence description of law is not possible–

indeed, such a concept has been sought by legal theorists. In the
early 19th century, John Austin described the law as an order given
from a superior (state) to an inferior (individual) and imposed by
penalties.

• Nonetheless, this definition does not really extend to regulatory

laws such as setting out how a will must be made; nor does it
include the principle of judicial scrutiny, where individuals can
contest a state minister's "order." At a period when the law was
much less advanced than it is now, Austin wrote, so it is not
shocking that his interpretation does not include all forms of law
today.

• Sir John Salmond described the law as' the set of values that the
state recognizes and extends to the administration of justice.'

- This is a much broader definition than that of Austin and is

probably the most interesting and closer one to achieving a
workable description of' single-sentence.' Law could also be defined
as a structured social control system.

-  It is procedural because the laws laid down in the legislation can
be applied through the judiciary and the legal system, although it
could be said that the regulation is concerned in some sphere of
social control in a broad sense.

Law and Rules

• Law usually extends to people across a whole nation. Some laws

are applicable only to specific classes or in rare situations: for
instance, many sports have a number of rules to obey, and the
punishment imposed for breaking the rules may be that a free kick
is offered to the other team, or that a player gets suspended, or that
a player is disqualified from playing for a number of weeks or
months in serious cases.

- For example, as per the law, street fights against one another are
considered to be unlawful, even if there is consent. Some might say
that it was consensual, but it still will be unlawful. To extend the
law, even if after a consent, the fight is taking place in a boxing
ring, it will be named as a street fight, and the people involved in it
will be guilty.

• In communities, there are also unwritten' rules.' They come from

local tradition or culture, or they may be related to religious beliefs.

• They impose what is considered the norm for actions by the

group. When you violate these laws, others in the society will
disagree with your conduct, but if you fail to do so, there is no legal
sanction to compel you to obey or threaten you. Such normative
values are often linked to the concept of morality and sexual
behavior.

Codes of Law

• There has been an attempt in some civilizations or states to create

a full set of regulations intended to deal with any potential situation
that may occur.

•  This was done by some of the early modern cultures, especially

the Roman-era Justinian code.

•  A series of 17,000' codes' collected by Frederick the Great of

Prussia in the 18th century, which he saw as a complete and perfect
set of laws. 

• Napoleon has codified the rules in France, and today this

Napoleonic Code forms the cornerstone of French law. The notion
of a complete computer is enticing in principle. This makes the law
more available so that all know exactly what their rights and
responsibilities are; Law should be able to adapt and evolve with
society's needs, and a strictly codified structure will preclude these
improvements.

Law and Morality

• Communities' moral values set a foundation for how society

should function. Morality standards vary from society to society,
though most are likely to ban drastic actions like murder. Morality
is often based on religious ideas: the scriptures of the Bible provide
Christian groups with a moral code and the Quran teachings for
Muslims. 

- A country's law would generally reflect the ethical principles that

most of the nation embraces, but it is doubtful that the rule will be
precisely the same as the specific religious, moral code.

- One such issue is of adultery: it is against the moral compass for

both Christians and Muslims but is not considered criminal in
Western nations: nevertheless, it is (although not all) under criminal
law in some Muslim states.

A community's morals and values are recognized as having a deep

effect on the development of legislation, but morality and law are
never probable to be co-extensive advanced societies. There will
also be significant violations of a moral code (such as murder and
robbery), but there may not be agreement on other topics.

• There has been a step away from a religious conviction in England

and Wales, and this is reflected in the way the legislation has
evolved. Abortion was allowed in 1967, but it is still considered by
many to be morally wrong. 

- A restricted form of euthanasia was recognized as lawful with the

decision of Airedale NHS Trust v Bland (1993) when the medical
staff was allowed to remove life-support systems from a patient
who was unable to breathe but was in a persistent vegetative state.

- This decision indicated that, regardless of the fact that it would

eventually lead him to suffer, they might cut the patient's feeding
tubes.

• Again, many people also believe this is unethical because it

refuses to acknowledge human life's sanctity.

Differences Between Law and Morality

In the way, the two evolve and the sanctions placed, there are also
discrepancies between law and morality.

• Morality cannot be altered intentionally; it grows gradually and

shifts according to people's will. The legislation will intentionally
change the law: this ensures the conduct that was contrary to the
law can be "decriminalized" immediately. Similarly, it can be
considered unconstitutional conduct that was legal.

• Morality is optional with repercussions, although usually without

official sanction (although some sects can 'excommunicate');
morality relies on the sense of shame or remorse of the person for
its efficacy.

• Morality infringements are typically not subject to statutory

adjudication; a formal legal procedure may decide on infringements
of legislation.

Law and Justice

• It is often said that fairness is given by the constitution, but this is

not always true. Justice is probably the ultimate goal the law should
strive for, but in every case, it is unlikely that law will ever produce
'justice.'
• First, there's the question of what' justice' entails. Lord Wright
reflected on the challenge in determining justice, saying:' A judge's
guiding principle when resolving trials is to do justice; that is law-
based justice, but still justice. We have not found any adequate
definition of justice; what happens only to the faithful in a
particular case is what seems fair to the reasonable man.'

• The idea of what justice is might not be the same in some cases
for everyone. Equality can be seen as applying the rules to all
people in the same way, but even this will contribute to perceived
injustices–however, the arbitrary implementation of the law can, in
effect, result in injustice.

• An area where much discussion has taken place is the amount of

force a householder can use on a burglar entering the home of that
person. What's equitable for both sides and equal? Should the
Burglar be permitted to injure or even kill the householder
seriously? Can the burglar claim compensation for any losses that
have been suffered?

Rights and Duties

• The law gives people privileges and compliance procedures. Quite

often, a balancing act involves the law, trying to ensure that the
rights of one person do not affect the rights of another person. The
statute often places obligations on people in order to maintain the
balance.

• Looking at cases, this is easier to understand. Under contract law,

where an individual orders a digital TV from a store, each party will
have rights and duties under that arrangement. The shop, for
example, has the right to be charged the negotiated amount for the
television, whilst the customer has the right to get a package in
operating order.

• It is also important to easily see the concept of rights and duties in

employment law. An employer has a duty to pay the employee
wages, whereas the employee is entitled to sue for any wages
owed.  A member of staff has a duty to obey reasonable legal orders
while an employer is entitled to expect this and may be able to
dismiss the employee if a serious breach occurs. 

- The employer has a responsibility to provide all workers with a

safe work environment, whereas an individual has the right to claim
benefits if he is hurt because that obligation has been violated by
the employer.

• Those are just a few of workers' and employees' rights and

obligations and this balance of their rights and duties.

• Even if the parties do not have a contract or arrangement, the law

can enforce rights and duties on individuals. Another consideration
is the freedom to use one's own property (including a house or flat)
as another wants.

- The law recognizes that people have the right to enjoy the use of
their own lands, but the freedom of other landowners to enjoy the
use of their assets supports that privilege.

- So the punishment of annoyance requires an argument to be made

if one's enjoyment of land is disturbed by too much noise, haze,
smells, or other noises emanating from the property of another.

• The notion of rights and duties can be seen even in criminal law.
Criminal law imposes an obligation on all citizens to obey the law
or face punishment. To defend other people or culture as a whole,
this obligation is enforced. In this way, the statute upholds people's
rights not to be violated or robbed their belongings or anything else
that affects the particular crime.

It is important to know this part. Know what you ca

The Rule of Law
The 'rule of law' is a symbolic idea. It is difficult to give a precise
meaning to the concept. The best-known explanation of the 'rule of
law' was given by Dicey in the 19th century, but there have been
other important writers on the topic since. These include FA von
Hayek and Joseph Raz.'

• Generally, rule of law is known to be defined as "Law is above

and equal for all" this meaning is just for understanding and that it
should not be used in the exam paper.

• It implies that no matter who is facing the trial, the law should be
the same for all and should be given equal fines and sentences.

Dicey

Dicey regarded the rule of law to be an important characteristic that

differentiated English law from other European countries. He
believed that the rule of law was formed by three components.

An answer without Dicey will fall in the lowest band and pr

These were:

1. Absence of arbitrary power on the part of the state.

2. Equality before the law.

3. The supremacy of ordinary law.

1. Absence of arbitrary power of the state

• The power of the state must be regulated by the law. The statute
will set boundaries on what should or shouldn't be performed by the
state. Actions and judgments of government ministers can be
contested by judicial review in our legal system. 

• One of the rule of law's main aims is to prohibit the state from
having wide discretionary powers. Dicey recognized that power
could be used unfairly in order to comply with the rule of law, and
this should be discouraged.

2. Everyone must be equal before the law

• No one can be above the rules. It doesn't matter how rich or

influential an individual is, and they must be treated the same way
as anyone would. Another aspect of this part of the rule of law is
that those who perform state functions must be responsible for their
actions under the law.

3. The law must be supreme

• This is especially true for England and Wales law during Dicey's
tenure, as many of the key changes up to that time were generated
by the government instead of by judicial decisions. Today, most
laws are passed by statute, i.e., statutory actions and approved
statutes, while judicial decisions also create law.

Problems with Dicey's Views

• A big issue with Dicey's interpretation of the rule of law is that it

violates one of the fundamental principles, that of the sovereignty
of Parliament. 

• This principle maintains that any other legislation can be

overruled by a constitutional act. The principle further notes that no
other party has the power to circumvent or set aside a legislative act

• There should, therefore, be no discretionary control on the portion

of the state below the rule of law, yet under legislative sovereignty,
Parliament has the right to make whatever legislation it desires, and
these may include the granting of arbitrary authority to the state.

• It is also difficult to appeal the legislation passed by Parliament by

judicial review. This is separate from some other nations where the
legislative body is subject to the rule of law, and laws passed by
them can be challenged in the courts.

• Another issue is that in Dicey's principle, equality under the law

relates to technical equality. It does not take into account the
differences in wealth, power, and connections between people. 

• Real equality can only be accomplished if these inequalities are

solved through mechanisms in place. The cost of bringing civil
cases to court, for example, is very high.

•  To enable the poorest people in society to enforce their rights and
thus be equal under the law, some form of state assistance is needed
to fund their case

• The interpretation of the rule of law by Dicey is focused on

abstract ideas. This makes working in real-life situations
complicated.

Dicey played a very important role in English law and especially for the rule of
Von Hayek

• FA von Hayek shared the idea by Dicey that lack of any arbitrary
power on the part of the state is the key element of the rule of law.
Writing in 1971, he looks at it this way:' The rule of law removed of
all specifics means that the government in all its behavior is bound
by the same rules fixed and planned well in advance.' 

• He believed that the rule of law was becoming weaker because,

given that the actions of the state where authorized by law, then any
act in compliance with that law was lawful.

• The democratic state no longer simply has a legislative framework

for undertaking the economic activity, but is involved directly in
monitoring and organizing that behavior.
•  Such involvement has risen in the 21st century owing to financial
issues, with the failure of some institutions and also the emergence
of controversies such as interest rate fixing. Such action is
warranted in light of these, but it contrasts with the definition of the
rule of law.

Important for the analysis. Give good detail but less than that of dicey, use this in analysi
Joseph Raz

You must know all these points, however, give only one-liner details. Use all this in analysis about similaritie
view become applicable in th
• Joseph Raz, who also wrote in the 1970s, recognized that the rule
of law was a way to control power rather than completely prevent
it. 

• He considered the rule of law to be of negative value, acting in an

arbitrary manner to minimize the danger of using discretionary
power.

•  He felt the key point that arose from the rule of law was that the
rules had to be able to guide the actions of the person.

He laid out a variety of concepts that are drawn from this broader
idea.

Some of these are:

1. There should be clear rules and procedures for making laws.

2. The independence of the judiciary must be guaranteed.

3. The principles of natural justice should be observed; these require

an open and fair hearing with all parties being given the opportunity
to put their case.
4. The courts should have the power to review the way in which the
other principles are implemented to ensure that they are being
operated as demanded by the rule of law.

• There have been changes in our legal system in the 21st century
that support these principles. A major example is the 2005
Constitutional Reform Act, which acknowledged the rule of law and
the importance of judicial independence.

Writing sections, acts and cases are what will get you the marks. Stand
Section 1 of that Act states:
'This Act does not adversely affect –

(a)  the existing constitutional principle of the rule of law; or

(b)  the Lord Chancellor's existing constitutional role in relation to

that principle.'

While s3(1) states:

'The Lord Chancellor, other Ministers of the Crown and all with
responsibility for matters relating to the judiciary or otherwise to
the administration of justice must uphold the continued
independence of the judiciary.'

Human rights and the English legal system

• Under the 1998 Human Rights Act, our law accepted the European
Convention on Human Rights. This has impacted the English legal
system in many places. That section provides a brief overview of
some of the key findings.

Precedent                                                                                  

• Section 2(1)(a) of the Human Rights Act specifies that any ruling
or recommendation of the European Court of Human Rights must
be taken into account by our courts. It ensures that judges will look
into cases of human rights as well as our own English rule before
determining a lawsuit.

Statutory Interpretation

• Section 3 of the Act states that, to the extent possible, all laws
(i.e., parliamentary acts and other laws made in this country) must
be enforced in order to be compatible with the European
Convention. For instance, if the wording of a Parliament Act has
two alternate meanings, then the meaning that fits with the
European Convention is the one that needs to be used.

Trials

• The right to a fair trial is provided under Article 6 of the European

Convention. It ensures that the court must be equitable in all
respects. 

• For example, after the case of T v the United Kingdom, V v

United Kingdom (1999), the way juvenile offenders are prosecuted
was modified. In this scenario, the Crown Court charged a 10-year-
old boy and an 11-year-old boy for murder. 

• The European Court of Human Rights held that it would have

been difficult for the boys to understand what was going on due to
the formality of a Crown Court trial.

• It indicated the court was not rational, and the European

Convention was infringed. The Crown Court now has more open
guidelines regarding criminal cases in order to comply with the
protocol. Of starters, offenders don't have to sit in jail but sit with
their legal counsel. The court often sits for shorter hours to allow
children to have a reduced period of care.

Sentencing
• Where an inmate is sentenced to life imprisonment, a mandatory
term to be completed is usually set before the individual can be
eligible for release.

•  The Home Secretary (a member of government) used to

determine a minimum sentence. The European Court of Human
Rights considers this to be a breach of the Eu Convention. This has
been updated so that judges now have to set a minimum time.

Judicial Appointment

• In this region, part-time judges had been named for a term of three
years. They could then be assigned for a further three-year period
after this time. Furthermore, the nomination was rendered by the
Lord Chancellor (a member of the government). 

• The length of the term was extended to five years, as the shorter
span was assumed to mean that there was a possibility that the
judges would not be fully independent of the government. This
would have been a European Convention violation.

Know all these parts and give these chunks in your paper
Conclusion:

The law revolving the rule of law can be very complex, and there is
a constant dispute between equality and parliamentary supremacy.
To date, this has not been resolved; however, given the other parts
of the law, for example, trials, precedent, sentencing, etc., this gap
can be efficiently covered by the judiciary and the government if
they go for fairness and not the rigidity of the law.