Aspects of the Legal System

In: Business and Management

Submitted By laurrrr750
Words 3111
Pages 13
Assignment tittle: Aspects of the legal system and law-making process.

P1 and P2 – Produce a diagram of the hierarchy of courts in the UK. Describe each of the courts in turn.

P2 - European court of justice is the highest of court affecting our legal system since 1973. For points of European law, a decision has to be made by this court and is compulsory on all other courts in England and wales. However, there are still laws which are unaffected by European Union law and for these the Supreme Court (formerly the House of Lords) is the Supreme Court. An important aspect of the European court of justice is that is prepared to overrule its own past decisions if it feels it is necessary. This is a flexible approach to past precedents is seen in other legal systems in Europe, and is a contrast to the more rigid approach of our national courts.
The court is divided in to three sections which are court of justice which deals with requests for preliminary rulings from national courts and certain actions for annulment and appeals. Then the general court rules on actions for annulment brought by individuals, companies and, in some cases, EU governments. This means that this court deals mainly with competition law, State aid, trade, agriculture, trademarks. Then there is the civil service tribunal which rules on disputes between the EU and its staff. The role of the European court of justice is ensuring the EU law is interpreting the law (preliminary rulings) and that it is applied the same in every EU country ensuring countries abide by EU law and they settle legal disputes between national governments and EU institutions. If the national court is in doubt about the interpretation or validity of an EU law it can ask the court for clarification. Then it…...

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