Pub Date : 2019-09-01DOI: 10.1093/he/9780198785439.003.0019
A. Gillespíe, Siobhan Weare
This chapter considers alternative dispute resolutions (ADR), which are ways that a dispute can be settled outside of the court process. The chapters considers the growth of ADR and how the courts now require litigants to consider ADR before commencing legal action. The courts have wide powers to encourage ADR and this chapter considers these powers and why the courts try to encourage ADR. The key forms of ADR are then presented, together with an analysis of their strengths and weaknesses.
{"title":"19. Alternative Dispute Resolution","authors":"A. Gillespíe, Siobhan Weare","doi":"10.1093/he/9780198785439.003.0019","DOIUrl":"https://doi.org/10.1093/he/9780198785439.003.0019","url":null,"abstract":"This chapter considers alternative dispute resolutions (ADR), which are ways that a dispute can be settled outside of the court process. The chapters considers the growth of ADR and how the courts now require litigants to consider ADR before commencing legal action. The courts have wide powers to encourage ADR and this chapter considers these powers and why the courts try to encourage ADR. The key forms of ADR are then presented, together with an analysis of their strengths and weaknesses.","PeriodicalId":378794,"journal":{"name":"The English Legal System","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122254001","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-09-01DOI: 10.1093/he/9780198727217.003.0001
A. Gillespíe
This chapter provides an introduction to the English Legal System. Specifically, it explains the meaning of the terms ‘English’, ‘legal’, and ‘system’. It first provides an overview of the constituent parts of the United Kingdom of Great Britain and Northern Ireland, namely England, Wales, Scotland, and Northern Ireland. It describes the types of law that exist and attempts to define what law is. It then discusses the English legal system, which is based on common law and is an adversarial system.
{"title":"1. The English Legal System","authors":"A. Gillespíe","doi":"10.1093/he/9780198727217.003.0001","DOIUrl":"https://doi.org/10.1093/he/9780198727217.003.0001","url":null,"abstract":"This chapter provides an introduction to the English Legal System. Specifically, it explains the meaning of the terms ‘English’, ‘legal’, and ‘system’. It first provides an overview of the constituent parts of the United Kingdom of Great Britain and Northern Ireland, namely England, Wales, Scotland, and Northern Ireland. It describes the types of law that exist and attempts to define what law is. It then discusses the English legal system, which is based on common law and is an adversarial system.","PeriodicalId":378794,"journal":{"name":"The English Legal System","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124648349","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-09-01DOI: 10.1093/HE/9780198727217.003.0005
A. Gillespíe
This chapter examines the Human Rights Act 1998 (HRA) and discusses some of the important issues that arise from its use. It also provides an overview of relevant articles in the European Convention on Human Rights (ECHR). The HRA 1998 is quite a short Act and its key parts are in a small number of sections. Perhaps the most important is that of s 6 which places an obligation on public authorities to act in a way compatible with the ECHR; s 7 which prescribes how it can be used to obtain a remedy in the courts. This chapter also links to the previous chapters in terms of discussing how the Act is interpreted.
{"title":"5. Human Rights Act 1998","authors":"A. Gillespíe","doi":"10.1093/HE/9780198727217.003.0005","DOIUrl":"https://doi.org/10.1093/HE/9780198727217.003.0005","url":null,"abstract":"This chapter examines the Human Rights Act 1998 (HRA) and discusses some of the important issues that arise from its use. It also provides an overview of relevant articles in the European Convention on Human Rights (ECHR). The HRA 1998 is quite a short Act and its key parts are in a small number of sections. Perhaps the most important is that of s 6 which places an obligation on public authorities to act in a way compatible with the ECHR; s 7 which prescribes how it can be used to obtain a remedy in the courts. This chapter also links to the previous chapters in terms of discussing how the Act is interpreted.","PeriodicalId":378794,"journal":{"name":"The English Legal System","volume":"33 2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120980553","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-09-01DOI: 10.1093/HE/9780198727217.003.0004
A. Gillespíe
This chapter discusses international sources of law. Conventions and treaties are the primary sources of international law. International law also relies on custom, that is to say informal rules that have been commonly agreed over a period of time. The United Kingdom joined the (then) European Economic Community (EEC) in 1972. As part of the conditions for joining, the UK agreed that EEC (now EU) law would become automatically part of the law of the United Kingdom. The principal treaties governing the EU are the Treaty on European Union and the Treaty on the Functioning of European Union. Disputes are adjudicated by the Court of Justice of the European Union. Although the UK voted to leave the EU, it is not known when this will happen, meaning EU law will remain part of UK law for the time being.
{"title":"4. International Sources of Law","authors":"A. Gillespíe","doi":"10.1093/HE/9780198727217.003.0004","DOIUrl":"https://doi.org/10.1093/HE/9780198727217.003.0004","url":null,"abstract":"This chapter discusses international sources of law. Conventions and treaties are the primary sources of international law. International law also relies on custom, that is to say informal rules that have been commonly agreed over a period of time. The United Kingdom joined the (then) European Economic Community (EEC) in 1972. As part of the conditions for joining, the UK agreed that EEC (now EU) law would become automatically part of the law of the United Kingdom. The principal treaties governing the EU are the Treaty on European Union and the Treaty on the Functioning of European Union. Disputes are adjudicated by the Court of Justice of the European Union. Although the UK voted to leave the EU, it is not known when this will happen, meaning EU law will remain part of UK law for the time being.","PeriodicalId":378794,"journal":{"name":"The English Legal System","volume":"72 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125613538","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-09-01DOI: 10.1093/HE/9780198830900.003.0002
A. Gillespíe, Siobhan Weare
This chapter examines the sources of domestic law. There are two sources of law (primary sources and secondary sources). Primary sources are considered to be those ‘authoritative’ sources that are produced by the legal process itself. Secondary sources are sources that are produced by others and are, in essence, a commentary on the law. Primary sources of law include statutory material and this itself is divided into two types of material: primary legislation (Acts of Parliament) and secondary legislation (Statutory Instruments, Orders in Council, etc). Statutes are Acts of Parliament and are either Public Acts (Acts that are of general application) or Private Acts (which are limited to a certain body). An Act will normally have to pass both the House of Commons and House of Lords and then receive Royal Assent before it becomes an Act of Parliament.
{"title":"2. Domestic Sources of Law: Parliamentary Material","authors":"A. Gillespíe, Siobhan Weare","doi":"10.1093/HE/9780198830900.003.0002","DOIUrl":"https://doi.org/10.1093/HE/9780198830900.003.0002","url":null,"abstract":"This chapter examines the sources of domestic law. There are two sources of law (primary sources and secondary sources). Primary sources are considered to be those ‘authoritative’ sources that are produced by the legal process itself. Secondary sources are sources that are produced by others and are, in essence, a commentary on the law. Primary sources of law include statutory material and this itself is divided into two types of material: primary legislation (Acts of Parliament) and secondary legislation (Statutory Instruments, Orders in Council, etc). Statutes are Acts of Parliament and are either Public Acts (Acts that are of general application) or Private Acts (which are limited to a certain body). An Act will normally have to pass both the House of Commons and House of Lords and then receive Royal Assent before it becomes an Act of Parliament.","PeriodicalId":378794,"journal":{"name":"The English Legal System","volume":"313 ","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133454508","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-09-01DOI: 10.1093/he/9780198830900.003.0003
A. Gillespíe, Siobhan Weare
This chapter continues the discussion of sources of domestic law, focusing on material produced by the courts through cases. It covers the reporting of cases, the hierarchy of courts, legal principles, and the operation of precedent. The courts operate a system of precedent known as stare decisis (‘let the decision stand’). The type of precedent set depends on the court sitting, with the most complicated rules occurring in the Court of Appeal. As a general rule of thumb, the court setting the precedent will bind every court below it but the real question is under what circumstances that court is bound by itself.
{"title":"3. Domestic Sources of Law: Case Law","authors":"A. Gillespíe, Siobhan Weare","doi":"10.1093/he/9780198830900.003.0003","DOIUrl":"https://doi.org/10.1093/he/9780198830900.003.0003","url":null,"abstract":"This chapter continues the discussion of sources of domestic law, focusing on material produced by the courts through cases. It covers the reporting of cases, the hierarchy of courts, legal principles, and the operation of precedent. The courts operate a system of precedent known as stare decisis (‘let the decision stand’). The type of precedent set depends on the court sitting, with the most complicated rules occurring in the Court of Appeal. As a general rule of thumb, the court setting the precedent will bind every court below it but the real question is under what circumstances that court is bound by itself.","PeriodicalId":378794,"journal":{"name":"The English Legal System","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122320871","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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