Sources of Anglo-American law, supremacy of law Edita Borščová

What is “ Anglo-American law“ is applied in Commonwealth and the U.S.A. it is mainly based on common law precedent has responsible position basic parts are common law and equity

Sources of Anglo-American law They are usually divided into two groups: I. Primary (principal) sources -statutes (legislation) and case or common law II. Secondary (subsidiary) sources - customs or books of authority All of them are sources of legal rules.

Sources of Anglo-American law One of the main sources of law in England, Wales and Northen Ireland is common law. It has envolved over the centuries from judges´decisions, not created by Parliament This law is really “ common“ to the whole country. But more important source than judges´decisions is unwritten law, especially legislative enactment. unwritten means all unenacted law written means any law, that is formally enacted whether it has writing form or not

Sources of Anglo-American law A rule made in the course of deciding cases, rather than legislation, is called a rule of common law. Has as much force as a rule derived from statute. Common law rules are still being made today. Common law is less important than statute. Strictly speaking “common law“ contains only rules which have been developed entirely by judical decisions, excludes new rules made by judges when they interpret statutes. “ Case law“ covers both kinds: rules from judicial decisions and judicial interpretation of legislation too.

Supremacy of law Bill of rights Originally it meant that not even the king was above the law. 1215- Magna charta libertatum = Bill of rights - King John - in London - attribute of civil liberty - end of feudal system

Supremacy of law Nowadays rule of law requires both citizens and governments to be subject to known and standing laws. It is principle of equality before the law.

Supremacy of law Precedent Dictionary: an official action or decision that has happened in the past and that is seen as an example or a rule to be followed in a similar situation later a legal case establishing a principle or rule that a court or other judicial body may utilize when deciding subsequent cases with similar issues or facts = doctrine of stare decisis (Lat. ´stand by the decided matter´) Types of precedents: Binding precedent (must be applied or followed) Persuasive precedent (is not mandatory but is useful or relevant)

Supremacy of law Precedent With more and more decisions must court often look to the judicial experience of the rest of the English-speaking world flexibility. After time it has become necessary to enact statutes. In statutory interpretation the courts have recourse to the doctrines of common law.

Supremacy of law

Supremacy of law The rule of law ensures that individuals have a secure area of autonomy and have settled expectations by having their rights and duties pre-established and enforced by law.

Platon “ Where the law is subject to some other authority and has none of its own, the collapse of the state, in my view, is not far off; but if law is the master of the government and the government is its slave, then the situation is full of promise and men enjoy all the blessings that the gods shower on a state.“

Sources: New Introduction to Legal English, Chromá, Praha 2007 www.ourcivilisation.com www.csc.noaa.gov www.wikipedia.org Pictures: www.google.com