Nature of Law- University Script

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The History of English Law


Also see


http//vi.uh.edu/pages/bob/elhone/elhmat.html


http//www.kevinboone.com/lawglos_sleaze.html


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http//www.historycooperative.org/journals/lhr/1.1/br_4.html


http//www.bbc.co.uk/history/state/monarchs_leaders/henryii_law_print.html


Common Law was applied overall England


-Doctrine of proceedings


-Case Law


-Since the 1th century law reporting


Travelling judges applied the writ-system


-problem there wasn’t a writ for every case


-to abandon the problem law of equity was installed (where the remedy of Common Law didn’t exist or wasn’t sufficient; for example market rights)


Law Merchant


Merchants were allowed to set up their own courts or tribunals based on mercantile customs


-Law Merchant


= that source of English Law based on the settlements of disputes between merchants and their customs/usages


At the end of the 18th century Law Merchant was incorporated into Common Law


Sources of Law


-Common law


-Law of equity (still part of English Law today)


-Law Merchant


-Community Law


-Statute Law (-very important!)


European Union


The 5 main institutions of the EU


1. Commission


- Is the executive body of the EU


-Consists of 0 commissioners


-commissioners are appointed by mutual agreement of the member governments


-is responsible for the formulation of the community


-it initiates and drafts/prepares most community legislations


. Council


-Is a formal meeting


-Represents the sovereignty of the member states


-Is composed of one representative at ministerial level of each state


-The office of president is held in turn by each state for 6 months


-Must report to the EU-Parliament


. European Parliament


-Represents people of the member states


-Seats are allocated according to the proportion of inhabitants of each member state


-is advisory and a consultative body with the Council and the Commission


-is not a parliament in the brit./german sense


-does not make statutes and rules


-can reject legislative proposals


-discusses with the council and the commission


4. European Court of Justice


-Holds the political power


-Controls if every member state follows the statutes/laws


-controls that every state applies community law


-controls if community law is included in the national law of the member states


5. European Court of Auditors


-Must examine all accounts of all community bodies


-Must report at least annually


http//europa.eu.int/inst-en.htm


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