Judicial power in the legal system of England

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This monograph explores the institution of the judiciary within the legal system of England. It examines its place and significance across various dimensions—be it genetic, axiological, institutional, or others—within the broader framework of English law. The work provides a detailed overview of the historical development of British justice, including the evolution of the jury system and the adversarial court process, as well as an analysis of the sources of English law. It traces key milestones in the development of jurisdiction, the composition of English common law courts, procedures for case review, and the appellate process. The study also investigates the appointment and removal of judges, alongside the defining features of the English legal system—namely, the jury and magistrates institutions. Special attention is given to the three core functions of the judiciary in England: lawmaking, interpretative (including judicial reasoning), and supervisory oversight. In discussing judicial lawmaking, the analysis emphasizes the doctrine of precedent, the distinction between ratio decidendi and obiter dictum, methods for modifying judicial precedents, and the ways in which case law influences the legal system. The function of legal interpretation is examined through the lens of presumptions and canons guiding statutory and case law interpretation. The supervisory oversight role is explored via an analysis of public-law remedies used by English courts to protect citizens’ rights and freedoms. The final chapter offers an overview of fundamental legal constructs developed by English judges. This book is intended for legal scholars, postgraduate students, law students, university faculty, and anyone interested in English law and comparative legal studies.
LF/273864402/R
Data sheet
- Name of the Author
- Михайлов А.М.
- Language
- Russian
- ISBN
- 9785932955741
- Release date
- 2009