History of state and law of foreign countries. UK law. General characteristics (most important)

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History of state and law of foreign countries. UK law. General characteristics (most important)

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UK law. general characteristics

The English law of the period under consideration contained the features of the previous era. However, in its essence it was the first capitalist state in the world, which, thanks to specific historical conditions, was able to maintain a feudal character for a long time. Another distinguishing feature is the independence of the Anglo-Saxon legal institutions. It should also be noted that English law has not been codified. In this case, customs played a huge role. This made it quite difficult to apply the law even to the most highly qualified and high-ranking lawyers. Yes, in the middle XIX century. A scandal erupted when the Court of Queen's Bench heard a case for many years in which the parties' claims were based on a law that had already been repealed. Moreover, at the same time, Parliament itself issued a statute that repealed a number of laws. But as it later turned out, parliament had already made a similar decision 20 years ago. Many legal relations were regulated by the so-called “common law of the country,” which was defined as unwritten - as opposed to statutory.

So, there are three types of norms of such a legal system:

1) operating on the territory of the entire state;

2) operating in certain regions of the state;

3) applied in various judicial bodies.

The vagueness inherent in the common law has meant that a huge role in the administration of justice in the UK has been assigned to magistrates. They were the interpreters of the laws. The magistrates also acted as commentators on judicial decisions, from which they then deduced certain principles or created doctrines. FROM XVII century. English lawyers, philosophers and public figures begin to oppose common law. They demanded the streamlining and codification of English law. Thus, the famous English philosopher and lawyer bantam wrote about the English system of precedents as a "conspiracy of lawyers against the people" because, according to him, the lawyers were directly interested in ensuring that the law was not reduced to a few rational principles. He unsuccessfully demanded the abolition of the common law, citing its obvious shortcomings.

It is necessary to note the huge role of judicial practice - the source of English law. In this case, in the middle XIX century. the collection of judicial precedents amounted to 1200 volumes, and to 1890 BC there were already 1800 of them. 1854 BC An Act of Parliament formally recognized the binding nature of judicial precedents.

For their application, special rules were established:

1) the higher courts do not depend on the decisions of the lower ones;

2) the court of first instance is not bound by the decision of a judicial body of the same competence;

3) each court is obliged to follow the conclusions of the highest judicial instances;

4) the House of Lords is limited by its own previous decisions.

Application of judicial precedents in UK was associated with numerous problems, when in similar cases there were two or more conflicting opinions of the most authoritative courts UK. It should be noted that judicial precedents served as the main source of common law. English judges had complete freedom to choose legal doctrines convenient for them. Despite profound changes in the economic and political life of the country, its legal system remained largely unchanged, even after England entered the monopoly stage of development.

Despite all these shortcomings of English law, the codification of legal norms was never carried out, and this idea was not approved in the ruling circles.

Author: Selyanin A.V.

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