Additional Information
Book Details
Abstract
The English Legal System: Cases and Materials has hand-picked the key cases, statutes and other sources of law for students studying an English Legal System module. Using an accessible style, and organised to mirror most course syllabi, this book brings together a wide range of topical material which will enable you to find key sources easily.
Table of Contents
| Section Title | Page | Action | Price |
|---|---|---|---|
| Cover | Cover | ||
| English Legal System | i | ||
| Brief contents | v | ||
| Contents | vii | ||
| Preface | xvii | ||
| Acknowledgements | xviii | ||
| Table of cases | xxii | ||
| Table of statutes | xxv | ||
| Table of statutory instruments | xxviii | ||
| Table of treaties | xxix | ||
| Table of secondary legislation of the European Communities | xxx | ||
| Part 1 Sources of law\r | 1 | ||
| Case law | 3 | ||
| Introduction | 3 | ||
| A new Supreme Court | 4 | ||
| Constitutional Reform: A Supreme Court for the UK (2003), Consultation Paper | 4 | ||
| Judicial response to Supreme Court reform | 6 | ||
| The Law Lords’ Response to the Government’s Consultation Paper on Constitutional reform: A Supreme Court for the United Kingdom | 6 | ||
| The House of Lords and judicial precedent | 7 | ||
| Practice Statement (Judicial Precedent) House of Lords, July 26, 1966 | 7 | ||
| The Court of Appeal and judicial precedent | 8 | ||
| R (Kadhim) v Brent London Borough Council Housing Benefit Review Board (2001), Court of Appeal | 8 | ||
| Judicial precedent and the Privy Council | 9 | ||
| Attorney-General for Jersey v Holley (2005), Privy Council | 10 | ||
| R v James and Karimi (2006), Court of Appeal | 12 | ||
| How do judges really decide cases? | 15 | ||
| Re A (Children) [2001], Court of Appeal Ward LJ | 15 | ||
| Statute law | 20 | ||
| Introduction | 20 | ||
| Modernising Parliament | 21 | ||
| The Governance of Britain (2007) | 21 | ||
| The role of the House of Lords | 24 | ||
| R (Jackson and Others) v Attorney-General (2005), House of Lords | 24 | ||
| Post-legislative scrutiny | 28 | ||
| Post-Legislative Scrutiny – The Government’s Approach | 28 | ||
| Statutory interpretation | 30 | ||
| Introduction | 30 | ||
| The literal rule | 31 | ||
| Fisher v Bell (1960), Divisional Court | 31 | ||
| The golden rule | 32 | ||
| Adler v George (1964), Queen’s Bench Division | 32 | ||
| The mischief rule | 33 | ||
| Smith v Hughes (1960), High Court | 33 | ||
| The purposive approach | 35 | ||
| R v Secretary of State for Health ex parte Quintavalle (on behalf of Pro-Life Alliance) (2003), House of Lords | 35 | ||
| The limits of the purposive approach | 38 | ||
| Quintavalle v Human Fertilisation and Embryology Authority (2005), House of Lords | 38 | ||
| Reference to Hansard | 40 | ||
| Pepper v Hart [1993], House of Lords | 40 | ||
| Restrictions on referring to Hansard | 41 | ||
| Wilson v First County Trust Ltd (No. 2) (2004), House of Lords | 41 | ||
| Human Rights Act 1998 and statutory interpretation | 43 | ||
| Attorney-General’s Reference No. 4 of 2002; Sheldrake v DPP (2004), House of Lords | 43 | ||
| Statutory interpretation and the Human Rights Act: further analysis | 45 | ||
| Ghaidan v Godin-Mendoza (2004), House of Lords | 45 | ||
| Delegated legislation | 52 | ||
| Introduction | 52 | ||
| Case study of delegated legislation | 53 | ||
| European Communities Act 1972 | 53 | ||
| Statutory Instrument 2005 No. 7 | 53 | ||
| Power to make delegated legislation | 55 | ||
| Legislative and Regulatory Reform Act 2006 | 55 | ||
| rExplanatory Notes | 56 | ||
| European law | 59 | ||
| Introduction | 59 | ||
| Direct effect | 60 | ||
| Van Duyn v Home Office (1974), European Court of Justice | 60 | ||
| European Constitution | 63 | ||
| The European Union’s Constitution | 63 | ||
| The Reform Treaty – brief overview | 67 | ||
| The Reform Treaty | 67 | ||
| The Impact of the Reform Treaty | 70 | ||
| Custom | 72 | ||
| Introduction | 72 | ||
| Custom in contract law | 73 | ||
| Hutton v Warren (1836), Court of Exchequer | 73 | ||
| Custom in international law | 74 | ||
| Customary Law Study Enhances Legal Protection of Persons Affected by Armed Conflict | 74 | ||
| Equity | 75 | ||
| Introduction | 75 | ||
| Equitable maxims | 76 | ||
| Chappell v Times Newspapers Ltd (1975) | 76 | ||
| Delay defeats equities | 76 | ||
| Leaf v International Galleries (1950) | 76 | ||
| Equity in practice | 77 | ||
| Central London Property Trust Limited v High Trees House Limited [1947] | 78 | ||
| Treaties | 80 | ||
| Introduction | 80 | ||
| Part 2 People working in the legal system\r | 95 | ||
| Judges | 97 | ||
| Introduction | 97 | ||
| Independence of the judiciary | 98 | ||
| R v Bow Street Metropolitan Stipendiary Magistrate and Others, ex parte Pinochet Ugarte (No. 2) (1999) | 98 | ||
| Judges and the executive | 103 | ||
| Relations between the Executive, the Judiciary and Parliament (2007) | 103 | ||
| Background of the judges | 111 | ||
| Ethnic minorities in the judiciary | 111 | ||
| Women in the judiciary | 112 | ||
| Criticism of the judicial appointments process | 114 | ||
| The Commission for Judicial Appointments Annual Report 2005 | 114 | ||
| Letter from the Lord Chancellor to Sir Colin Campbell at the Commission for Judicial Appointments | 115 | ||
| Letter from Sir Colin Campbell at the Commission for Judicial Appointments to the Lord Chancellor | 116 | ||
| Reform of the judicial appointments process | 118 | ||
| Judicial Appointments Annual Report 2003–2004 October 2004 | 118 | ||
| Planned reforms to the judicial appointment process | 121 | ||
| The Governance of Britain – Constitutional Renewal (2008) | 121 | ||
| Judicial career guide | 124 | ||
| Step Up to a Judicial Career: A Guide to Career Opportunities as a Judge | 124 | ||
| Court clothes | 127 | ||
| Public Perceptions of Working Court Dress in England and Wales | 127 | ||
| The legal professions | 129 | ||
| Introduction | 129 | ||
| Qualifying as a solicitor | 130 | ||
| Moving Forward with a New Framework for Work Based Learning (2007) | 130 | ||
| Qualifying as a barrister | 133 | ||
| Entry to the Bar Working Party Final Report (2007) | 133 | ||
| Complaints against solicitors | 136 | ||
| Legal Services Complaints Commissioner Special Report (2008) | 136 | ||
| Reform of the legal professions | 139 | ||
| Report of the Review of the Regulatory Framework for Legal Services in England and Wales | 139 | ||
| Legal Services Act 2007 – implementing recommendations | 144 | ||
| Legal Services Act 2007 | 144 | ||
| Legal Services Act 2007 Explanatory Notes | 149 | ||
| Compensation Act 2006 – an attempt at regulation | 152 | ||
| Compensation Act 2006 | 152 | ||
| Compensation Act 2006 Explanatory Notes | 155 | ||
| The jury system | 157 | ||
| Introduction | 157 | ||
| Membership of the jury | 158 | ||
| R v Abdroikof (2007), House of Lords | 158 | ||
| Jury experience | 161 | ||
| Jurors’ Perceptions, Understanding, Confidence and Satisfaction in the Jury System: A Study in Six Courts | 161 | ||
| Controlling the length of criminal trials | 165 | ||
| Control and Management of Heavy Fraud and Other Complex Criminal Cases | 165 | ||
| Moves to abolish the jury in serious fraud cases: a case study | 172 | ||
| Review of the Criminal Courts of England and Wales | 172 | ||
| Criminal Justice Act 2003 – removal of juries from trials for serious fraud | 178 | ||
| Criminal Justice Act 2003 | 178 | ||
| Judges’ views on jury trials for serious fraud cases | 179 | ||
| Judicial Perspectives on the Conduct of Serious Fraud Trials (2007) | 179 | ||
| Magistrates | 183 | ||
| Introduction | 183 | ||
| Magistrates and the judicial oath | 184 | ||
| McClintock v Department of Constitutional Affairs [2008] | 184 | ||
| The future for lay magistrates | 188 | ||
| Magistrates’ Courts and Local Justice – Connected, Respected, Effective | 188 | ||
| The administration of justice | 191 | ||
| Introduction | 191 | ||
| The Ministry of Justice | 192 | ||
| Our strategy | 192 | ||
| The Attorney-General and legal advice | 193 | ||
| Blair Publishes Iraq War Advice | 193 | ||
| The Attorney-General and prosecutions | 194 | ||
| The Governance of Britain – Constitutional Renewal (2008) | 194 | ||
| Part 3 Human rights\r | 199 | ||
| Introduction to human rights | 201 | ||
| Introduction | 201 | ||
| Human Rights Act 1998 – protection under domestic law | 202 | ||
| Human Rights Act 1998 | 202 | ||
| Judges protecting human rights | 208 | ||
| A and Z and Others v Secretary of State for the Home Department (2004) | 208 | ||
| Human rights following the July 2005 terrorist attacks | 211 | ||
| Prime Minister’s Press Conference (5 August 2005) | 211 | ||
| Control orders | 214 | ||
| Secretary of State for the Home Department v MB (2007), House of Lords | 214 | ||
| The European Union and human rights | 218 | ||
| Charter of Fundamental Rights | 218 | ||
| Remedies for infringement of human rights | 224 | ||
| Introduction | 224 | ||
| Reform of police misconduct procedures | 225 | ||
| An Evaluation of the New Police Misconduct Procedures | 225 | ||
| The shooting of Jean Charles de Menezes | 229 | ||
| De Menezes Jury Rejects Police Account | 229 | ||
| Criticism of the Independent Police Complaints Commission | 230 | ||
| A Watchdog without Bite | 230 | ||
| Part 4 Dispute resolution | 235 | ||
| Paying for legal services | 237 | ||
| Introduction | 237 | ||
| Five-year plan for legal aid | 238 | ||
| Making Legal Rights a Reality: A Summary | 238 | ||
| Conditional fee agreements (CFAs) | 240 | ||
| No Win, No Fee, No Chance (December 2004) | 240 | ||
| The ‘Mclibel Two’ | 243 | ||
| Steel and Morris v UK (2005), European Court of Human Rights | 243 | ||
| Public defenders | 247 | ||
| Does Mode of Delivery Make a Difference to Criminal Case Outcomes and Clients’ Satisfaction? | 247 | ||
| Best value tendering (BVT) | 254 | ||
| Best Value Tendering of Criminal Defence Services: \rA Consultation Paper (2007) | 254 | ||
| Pushing forward with best value tendering | 258 | ||
| Best Value Tendering of Criminal Defence Services: A Response to Consultation (2008) | 258 | ||
| The police | 262 | ||
| Introduction | 262 | ||
| Modernising police powers | 263 | ||
| Modernising Police Powers – Review of the Police and Criminal Evidence Act (PACE) 1984, Consultation Paper (2007) | 263 | ||
| Modernising police powers after the consultation process | 266 | ||
| Review of the Police and Criminal Evidence Act (PACE 1984) Summary of Responses (2007) Home Office | 266 | ||
| Index | 420 |