Role of the Judiciary in Legal Reforms in England Case Study

Key Principles and Cases Impacting the English Legal System

1. The role of the judiciary in making different legal reforms in the English legal system

a. A brief understanding of the English Legal System and its key sources

The legal system of England is considered to be the oldest and most respected legal systems in the globe. It has a rich history that has been shaped by a variety of sources, including common law, statute law, and European Union Law. This part of the study provides a details understanding of the whole "English legal system" and its different main sources. However, UK consists of three significant jurisdictions that are England and Wales, Northern Islands and Scotland. Each jurisdiction has its own laws, courts, judges, and constitutional infrastructure. However, the final decisions and the hearings depend on the UK Supreme Court.

• Common law: The “common law” is the law that is particularly derived from the aspects of judges in previous cases. This means the judges use the principles established in previous cases to make decisions in current cases and this is also known as the "doctrine of precedent"[1]. The common law was originated mainly in the legal reforms of King Henry II during 12^th century. The law is enforced equally all over the country[2]. The common law includes both procedural rules such as court procedural rules of lower and higher courts and substantive laws such as physical violence and murder.
• Statute Law: This is the law created by Parliament, and that is fully passed through both “House of Commons” along with the “House of lords”, and got royal assent. Statute law is the most important source of law in England because it is the law that is created by the democratically elected representatives of the people. Statutes can change or repeal common law or previous statutes.
• European Union Law: European Union Law is the body of law that is created through the “European Union”. The “European Union” is known as a political and economic union; consist of 27 members in Europe. This union law has a significant impact on the "English Legal System" because of the membership of the United Kingdom in the specific union[3]. This specific law is mainly concerned with areas such as trade, human rights, and environmental protection. This particular law comes into force in 1993, after the "Maastricht Treaty" had been signed between all the member countries. 

The role of Courts in the Legal System of England: Courts play a significant role in the legal system of England. There are major two types of courts in the British legal system: civil courts and criminal courts.

• Civil Courts: Civil courts are responsible for hearing cases that involve disputes between individuals and organizations. The civil courts include the County Court, the High Court, and the Court of Appeal. The country court is responsible for hearing small claims cases, while the high court is totally responsible for hearing multiple complex cases.

There are different types of civil laws present in the English Jurisdiction such as

• Contract: The law of contract is mainly concerned with the construction of different retain or oral agreements between individuals and companies.
• Tort: The tort refers to any legal wrong. The classic torts are generally based on negligence defamation nuisance and misuse of information.
• Company law: The Company law is mainly liable for the regulation and formation of different corporations and companies in the UK. This law helps organizations and companies in times of devastation.
• Revenue law: the revenue law works with different disputes and misshapes regarding tax payment and the economic duty of the organizations and the individuals towards the country. It deals with income tax, capital gain tax, corporation tax, VAT and inheritance tax.
• Criminal Courts: These courts are responsible for hearing cases that involve criminal offenses. The criminal courts include the "Magistrates' Court, the Crown Court, and the Court of Appeal". The "Magistrates' Court" is particularly responsible for hearing less effective criminal cases, while Crown Court is responsible to hear multiple complex criminal cases.

In 1977 an amendment in chapter 45 happened in the criminal law act. This amendment is done in the England and Wales jurisdiction with respect to minimising different criminal conspiracy and making different provisional laws[4]. These laws were developed to mitigate different risks by forcible entry and to restrict the violence and threat of physical harassment. It also penalized unauthorized entry into the foreign government and restricted premises in certain circumstances. The criminal law provided alteration in different laws to amend the Administration of justice act 1973, The Rabies Act 1974, the Diseases of animal order 1975 and so on[5].

Hence, the above description helps to understand that the "English legal system" is a combination of sources, including "common law, statute law, and European Union law". The common law is divided from judges’ decisions in previous cases, while statute law is created by Parliament. European Union law also has a significant impact on the English legal system. Courts deal with a crucial role in the English legal area, and there are two major categories of courts: civil courts and criminal courts.

b. The different principal that underpins English Legal System and their effect on the system

The "English Legal System" is a complex and sophisticated system that has evolved over countries, with many different principles underpinning its operation. These principles have a profound effect on the way the whole system operates and understanding them is essential for gathering a depth knowledge about law practices in England. One of the most fundamental principles of the English Legal System is the principle of the rule of law[6]. The principles hold that all individuals and institutions are subject to the law and no one is above the law. It is a key principle that underpins the whole legal system and ensures that justice is done in a fair and consistent manner. The principle of the "rule of law" ensures the equality before the law, apart from their status, wealth, and influence[7]. It also ensures that the law is predictable and that people can have confidence in the legal system. Another important principle of the English Legal System is the principle of parliamentary sovereignty. This principle holds that the UK Parliament has a major power to develop or defuse any particular law and that no such institution can overrule or override the decisions of the Parliament[8]. These principles are closely linked to the idea of democracy, as it ensures that the elected representatives of the people have the ultimate say in country governance.

The principle of the separation of powers is also an important principle of the English Legal System. This principle holds that the functions of government should be properly classified into three separate branches such as, the executive branch, legislative branch and the judiciary. Each of these branches has its own distinct responsibilities and powers, and they are properly designed for checking and balance each other for ensuring that no single branch becomes too powerful. This principle is designed to prevent the abuse of power and to ensure that the government acts in the best interests of the people. This principle holds that the judiciary should be independent of the executive and legislative branches of government and that judges should be free to make decisions based on the law and the facts of the case, without fear of reprisals or interference from the government. This principle is designed to ensure that the law is applied consistently and fairly and that the legal system is predictable. Hence, a number of important principles underpin the “English Legal System”. These principles are managed for ensuring that justice is done in a right and consistent way and that the legal system operates in the best interests of the people. 

2. A short case note for the case of R v Secretary of State for Transport

“R v Secretary of State for Transport” is a case has been taken against the government of the UK. This case was conducted by a Spanish fisherman organisational workforce and in this case, they stated that UK government has broken European Union Law and after that, they stated that they have breached Community Law too. This organisational workforce has cited that UK government have broken UK European Union law by demanding ships to have a majority of British owners[9]. This case brought out a few judgements over “British Constitutional Law”. It is probably at the initial stage that the court held that the court also hold power for restraining implementation of an Act.

House of Lords and Court of Justice overtook this case and this case was all about the UK national courts having interim orders during the time when a national law is contested right before court of justice for reputation conflicting with EECL “European Economic Community Law”. According to different types of studies, the Factor tame case is very important due to many kinds of reasons. This case offered the court a chance to elaborate on all of the principles of lying and the responsibility of team members. This was a case where approximately all of the members cited intervened to deny, the power to claim damages. This case arose from an obstacle of the merchant “Shipping Act 1988” and this act states that all types of fishing vessels need to be registered in UK. The simple reason that their act was conducted is to protect the fishing industry of UK; however, the issue is that this law contradicted EU law. This law permitted the free movement of all types of goods and services among member states. Due to this reason, Spanish company Factor tame Ltd brought a legal case against UK government. 

Later this case was referred to European Court of Justice and there it was introduced as an action that has broken the law of EU law. as a response to ECG ruling, the United Government sought to pass new legislation that was able to effectively override They decision of ECG and ait allowed that Act to continue further. Factor tame challenged this new UK government in court and during this time, they cited that this Act is invalid according to the terms and conditions of EU law[10]. During this time House of Lords uphold all, kinds of challenges that a Factor tame threw towards UK government and they declared that there new Act that UK government has conducted is invalid[11]. Lord Bridge type person who delivered the leading judgement on this case stated that EU law is definitely above all types of national laws; therefore, the courts of UK need to uphold that law. 

Government of UK argued river the fat the b that all kinds of conditions that were imposed by 1988 Act were considered as the Common Fisheries Policy had allowed them in order to create a system for all kinds of national quotas[12]. Apart from that, the “Act of 1988” ensured the effectiveness of the system; however, this was denied by ECJ. During this time ECL stated that all types of fishing vessel registration criteria were allowed; however, if they are conducting any of breach Community Law then they are going to be acceptable. Since 1976 spain conferred different types of advantages towards the fishing companies in Spain that entered the register belonging to the other states that can fish in the other state's waters, as Spain needs the incorporation of those companies in the Spanish economy[13]. Apart from that, the local British communities derived the benefit from the activities of these Spanish fishing vessels that are registered in the British register book. 

Apart from the above-illustrated statements, several types of other and different values statements are available top that Lord of Bridge made. Lord Bridge has cited that supremacy of EU law was recognised by all courts of United Kingdom. Furthermore, he also cited it was UK; always agreed with the Supremacy of Community Law. The decision made by Factor tame holds significant implications for t the bond between UK national Law and EU law. Besides that, it also helps in establishing the principle that EU law is far more supreme law than any kind of national law of the UK and due to these reasons UK courts are forced to follow EU law over national laws. This case highlighted the tension that was taking place between UK's membership of the EU and the sovereignty of Parliament. There, due to all of the reasons UK needs to accept that the supremacy of EU law is above all kinds of national laws of UK.

House of Lords has cited that in this case, interim relief needs to be delivered to Spanish fishing company. The significance of this study illustrates that European Economic Community Law supremacy is over all types of national laws of UK. In the end, it can be stated that this case study helps in establishing the supremacy of EU laws over other national laws. Apart from that, the decision that was conducted from this case holds significant implications for the type of relationship between national law and EU law[14]. Not following EU law is going to bring many kinds of issues and obstacles[15]. For example, if countries are failed to maintain EU then commissions hold the power for launching infringement processes against nations[16]. As per the division court, this case defines a principle breach that is regarded as a form of discrimination based on nationality that has been affecting the residential and domicile conditions. The division court refers to the imposition of the Secretary of the States to injure the privilege of the applicants and allow the application that says that the applicants lost their right to fish against the British quota[17]. This was a remarkable decision that reforms the fishing privileges of the Spanish vessels and fishermen in the British water.

3. Reflective statement

The main aim of this reflective statement is to evaluate personal development throughout the study of this "English Legal System" module. This reflection highlighted the role of the UK judiciary in the reforms of the legal system. The whole reflection part is developed with the help of Gibbs's reflective model. Gibbs's framework of reflection is appropriate for any kind of literary work, and its well-structured framework helps students in exploring and gaining depth knowledge on their specific research topic[18]. This reflective part also helps to identify areas of improvement in the reforms of the "English Legal System".

• Description: This module helps me to gain a comprehensive understanding of the legal system, and the exact role of the judiciary in legal reforms. I have learned about the different sources of law, the hierarchy of courts, and the principles of statutory interpretation. I also learned about separate methods followed by the judiciary in developing common laws.
• Feelings: At the start of the module, make me felt overwhelmed by the vast amount of information presented. However, with the progress of the course, the subject matter become interesting to me. The nature of the study module including the case study helped me to consolidate my understanding of the key concept. This also helps me to understand the nature and the critical issues presented in the court. This case demonstrates the authority of the jurisdiction as it developed different interstate and intra-state issues regarding different aspects of local and national fishing privileges.
• Evaluation: I believe that this module had been a valuable experience of learning for me, as I have developed a deeper recognition of the "English Legal System". Though still there are many more things to learn and for this reason I need to continue to study and practice to develop my skills and knowledge further. 
• Analysis: One area that I would like to improve is my ability to critically analysis of legal issues, although I have gained a good foundation of knowledge. My ability to understand legal reforms has increased though I need to apply this ability to real-world scenarios. In order to achieve this, I plan to engage in more independent case studies, including reading legal journals and attending relevant events and conferences. I also intend to participate in more group discussions and debates to gain a better understanding of different perspectives on legal issues. 
• Conclusion: I believe that this module has provided me with a strong foundation of knowledge on the English legal system and the role of the judiciary in making legal reforms. However, I recognize that there is still much more to learn, and I need to continue to practice and develop my skills and knowledge further.
• Action Plan: For achieving my goal of improving my critical skill I plan to participate in different group discussions on legal matters, and reforms. I started this with the case study of "R v Secretary of State for Transport". This has made me appreciate the importance of an independent judiciary in ensuring that the legal system operates fairly and justly. However, one area that I need to improve on is my understanding of legal concepts and terminologies.

References

Adeani, I.S., Febriani, R.B. and Syafryadin, S., 2020. USING GIBBS’REFLECTIVE CYCLE IN MAKING REFLECTIONS OF LITERARY ANALYSIS. Indonesian EFL Journal, 6(2), pp.139-148. DOI: https://journal.uniku.ac.id/index.php/IEFLJ/article/view/3382

Allister, R., 2022. Abdi and Nadarajah v Secretary of State for the Home Department;[2005] EWCA Civ 1363 672, 675 Adams v Scottish Ministers 2004 SC 665; IH (2 Div); affirming in part 2003 SC 171; 2003 SLT 366 489 Agricultural Sector (Wales) Bill, Re [2014] UKSC 43;[2014] 1 WLR 2622 486. Constitutional and Administrative Law. https://books.google.co.in/books?hl=en&lr=&id=IodoEAAAQBAJ&oi=fnd&pg=PR16&dq=R+v+Secretary+of+State+for++Transport,+ex+parte+Factortame+Ltd+(No.2)+%5B1991%5D+1+AC+603&ots=kbNDdltneX&sig=d8BlMWhm1CfFkVJ5S11zu1t8mSI&redir_esc=y#v=onepage&q=R%20v%20Secretary%20of%20State%20for%20%20Transport%2C%20ex%20parte%20Factortame%20Ltd%20(No.2)%20%5B1991%5D%201%20AC%20603&f=false

Anders, L.H. and Lorenz, A., 2021. Examining illiberal trends and anti-EU politics in East Central Europe from a domestic perspective: state of research and outline of the book. Illiberal Trends and Anti-EU Politics in East Central Europe, pp.1-25. https://library.oapen.org/bitstream/handle/20.500.12657/42928/2021_Book_IlliberalTrendsAndAnti-EUPolit.pdf?sequence=1#page=19

Baker, J.H., 2019. An introduction to English legal history. Oxford University Press. DOI: https://books.google.co.in/books?hl=en&lr=&id=0S0zEAAAQBAJ&oi=fnd&pg=PP1&dq=E

Bertini, B., Heidrich-Meisner, F., Karrasch, C., Prosen, T., Steinigeweg, R. and Žnidari?, M., 2021. Finite-temperature transport in one-dimensional quantum lattice models. Reviews of Modern Physics, 93(2), p.025003. https://doi.org/10.1103/RevModPhys.93.025003

Budd, L. and Ison, S., 2020. Responsible Transport: A post-COVID agenda for transport policy and practice. Transportation Research Interdisciplinary Perspectives, 6, p.100151. https://doi.org/10.1016/j.trip.2020.100151

Campbell, J.R., 2020. The role of lawyers, judges, country experts, and officials in British asylum and immigration law. International Journal of Law in Context, 16(1), pp.1-16. DOI: https://doi.org/10.1017/S1744552320000038

Gocht, A., Consmüller, N., Thom, F. and Grethe, H., 2021. Economic and environmental consequences of the ECJ genome editing judgment in agriculture. Agronomy, 11(6), p.1212. https://www.mdpi.com/2073-4395/11/6/1212/pdf

Grogan, J., 2020. States of emergency. European Journal of Law Reform, 22(4), p.339. DOI: https://heinonline.org/HOL/LandingPage?handle=hein.journals/ejlr22&div=29&id=&page=

Mejía, L.E., 2021. Judicial review of regulatory decisions: Decoding the contents of appeals against agencies in Spain and the United Kingdom. Regulation & Governance, 15(3), pp.760-784. DOI: https://doi.org/10.1111/rego.12302

Partington, M., 2021. Introduction to the English legal system. Oxford University Press. DOI: https://books.google.co.in/books?hl=en&lr=&id=o-krEAAAQBAJ&oi=fnd&pg=PP1&dq=Discuss+the+role+of+the+judiciary+in+making+legal+reforms+in+the+English+legal++system.&ots=va4cqD3GbN&sig=y5vUZtIljClX8jlzIi0fAgFeFyY&redir_esc=y#v=onepage&q=Discuss%20the%20role%20of%20the%20judiciary%20in%20making%20legal%20reforms%20in%20the%20English%20legal%20%20system.&f=false

Scott, E.O. and Luke, S., 2019, July. ECJ at 20: toward a general metaheuristics toolkit. In Proceedings of the genetic and evolutionary computation conference companion (pp. 1391-1398). https://doi.org/10.1145/3319619.3326865

Vaughan, E.M., Naik, A.D., Lewis, C.M., Foreyt, J.P., Samson, S.L. and Hyman, D.J., 2020. Telemedicine training and support for community health workers: improving knowledge of diabetes. Telemedicine and e-Health, 26(2), pp.244-250. https://doi.org/10.1021/jacs.0c05560

Wachter, S., Mittelstadt, B. and Russell, C., 2021. Why fairness cannot be automated: Bridging the gap between EU non-discrimination law and AI. Computer Law & Security Review, 41, p.105567. https://doi.org/10.1016/j.clsr.2021.105567

[1] Adeani, I.S., Febriani, R.B. and Syafryadin, S., 2020. USING GIBBS’REFLECTIVE CYCLE IN MAKING REFLECTIONS OF LITERARY ANALYSIS. Indonesian EFL Journal, 6(2), pp.139-148. DOI: https://journal.uniku.ac.id/index.php/IEFLJ/article/view/3382

[2] ICLR (2018). The English legal system - ICLR. [online] ICLR. Available at: https://www.iclr.co.uk/knowledge/topics/the-english-legal-system/.

[3] Baker, J.H., 2019. An introduction to English legal history. Oxford University Press. DOI: https://books.google.co.in/books?hl=en&lr=&id=0S0zEAAAQBAJ&oi=fnd&pg=PP1&dq=E

[4] Legislation.gov.uk (2020). Criminal Law Act 1977. [online] Legislation.gov.uk. Available at: https://www.legislation.gov.uk/ukpga/1977/45.

[5] Gov.uk (2019). Crime, justice and the law - GOV.UK. [online] Www.gov.uk. Available at: https://www.gov.uk/browse/justice.

[6] Campbell, J.R., 2020. The role of lawyers, judges, country experts, and officials in British asylum and immigration law. International Journal of Law in Context, 16(1), pp.1-16. DOI: https://doi.org/10.1017/S1744552320000038

[7] Grogan, J., 2020. States of emergency. European Journal of Law Reform, 22(4), p.339. DOI: https://heinonline.org/HOL/LandingPage?handle=hein.journals/ejlr22&div=29&id=&page

[8] Mejía, L.E., 2021. Judicial review of regulatory decisions: Decoding the contents of appeals against agencies in Spain and the United Kingdom. Regulation & Governance, 15(3), pp.760-784. DOI: https://doi.org/10.1111/rego.12302

[9] Budd, L. and Ison, S., 2020. Responsible Transport: A post-COVID agenda for transport policy and practice. Transportation Research Interdisciplinary Perspectives, 6, p.100151. https://doi.org/10.1016/j.trip.2020.100151

[10] Gocht, A., Consmüller, N., Thom, F. and Grethe, H., 2021. Economic and environmental consequences of the ECJ genome editing judgment in agriculture. Agronomy, 11(6), p.1212. https://www.mdpi.com/2073-4395/11/6/1212/pdf

[11] Allister, R., 2022. Abdi and Nadarajah v Secretary of State for the Home Department;[2005] EWCA Civ 1363 672, 675 Adams v Scottish Ministers 2004 SC 665; IH (2 Div); affirming in part 2003 SC 171; 2003 SLT 366 489 Agricultural Sector (Wales) Bill, Re [2014] UKSC 43;[2014] 1 WLR 2622 486. Constitutional and Administrative

[12] Bertini, B., Heidrich-Meisner, F., Karrasch, C., Prosen, T., Steinigeweg, R. and Žnidari?, M., 2021. Finite-temperature transport in one-dimensional quantum lattice models. Reviews of Modern Physics, 93(2), p.025003. https://doi.org/10.1103/RevModPhys.93.025003

[13] Parliament.uk. (2020). House of Lords - Regina v. Secretary of State for Transport Ex Parte Factortame Limited and Others. [online] Available at: https://publications.parliament.uk/pa/ld199899/ldjudgmt/jd991028/factor-1.htm.

[14] Wachter, S., Mittelstadt, B. and Russell, C., 2021. Why fairness cannot be automated: Bridging the gap between EU non-discrimination law and AI. Computer Law & Security Review, 41, p.105567. https://doi.org/10.1016/j.clsr.2021.105567

[15] Budd, L. and Ison, S., 2020. Responsible Transport: A post-COVID agenda for transport policy and practice. Transportation Research Interdisciplinary Perspectives, 6, p.100151. https://doi.org/10.1016/j.trip.2020.100151

[16] Anders, L.H. and Lorenz, A., 2021. Examining illiberal trends and anti-EU politics in East Central Europe from a domestic perspective: state of research and outline of the book. Illiberal Trends and Anti-EU Politics in East Central Europe, pp.1-25. https://library.oapen.org/bitstream/handle/20.500.12657/42928/2021_Book_IlliberalTrendsAndAnti-EUPolit.pdf?sequence=1#page=19

[17] Parliament.uk. (2020). House of Lords - Regina v. Secretary of State for Transport Ex Parte Factortame Limited and Others. [online] Available at: https://publications.parliament.uk/pa/ld199899/ldjudgmt/jd991028/factor-1.htm.

[18] Partington, M., 2021. Introduction to the English legal system. Oxford University Press. DOI: https://books.google.co.in/books?hl=en&lr=&id=o-krEAAAQBAJ&oi=fnd&pg=PP1&dq=Discuss+the+role+of+the+judiciary+in+making+legal+reforms+in+the+English+legal++system.