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Contempt Of The Sovereign
Contempt of the Sovereign (also called contempt of statute) was an ancient doctrine in English law dating from medieval times, and now obsolete. It was the crime imputed by common law whereby a person disobeyed an Act of Parliament which did not say what the penalty was nor how it was to be enforced – the crime itself was recognised. The doctrine was based on the original custom that an Act of Parliament was an expression of the Sovereign's will, enacted with the "advice and consent" of Parliament. It has been mainly overturned in precedent A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great valu ... since the English interregnum. Thus in modern jurisprudence, contravening a statute is not a crime unless the statute expressly says so in clear terms. The last time it was used was in 184 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of '' stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Act Of Parliament
Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the Legislature, legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of parliament begin as a Bill (law), bill, which the legislature votes on. Depending on the structure of government, this text may then be subject to assent or approval from the Executive (government), executive branch. Bills A draft act of parliament is known as a Bill (proposed law), bill. In other words, a bill is a proposed law that needs to be discussed in the parliament before it can become a law. In territories with a Westminster system, most bills that have any possibility of becoming law are introduced into parliament by the government. This will usually happen following the publication of a "white paper", setting out the issues and the way in which the proposed new law is intended to deal with them. A bill may also be introduced in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Precedent
A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great value on deciding cases according to consistent principled rules, so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained. The principle by which judges are bound to precedents is known as ''stare decisis'' (a Latin phrase with the literal meaning of "to stand in the-things-that-have-been-decided"). Common-law precedent is a third kind of law, on equal footing with statutory law (that is, statutes and codes enacted by legislative bodies) and subordinate legislation (that is, regulations promulgated by executive branch agencies, in the form of delegated legislation) in UK parlance – or regulatory law (in US parlance). Case law, in common-law jurisdictions, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Interregnum
The Interregnum was the period between the execution of Charles I on 30 January 1649 and the arrival of his son Charles II in London on 29 May 1660 which marked the start of the Restoration. During the Interregnum, England was under various forms of republican government (see Commonwealth of England; this article describes other facets of the Interregnum). Politics The politics of the period were dominated by the wishes of the ''Grandees'' (Senior Officers) of the New Model Army and their civilian supporters. They encouraged (or at least tolerated) several republican regimes. From 1649 until 1653 executive powers lay with the Council of State, while legislative functions were carried out by the Rump Parliament. In 1653 the Grandees, with Oliver Cromwell in the lead, dismissed the Rump, and replaced it with a Nominated Assembly (nicknamed the Parliament of Saints or Barebone's Parliament) made up of 140 nominees, 129 from England and Wales, five from Scotland and six from Irelan ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Halsbury's Laws Of England
''Halsbury's Laws of England'' is a uniquely comprehensive encyclopaedia of law, and provides the only complete narrative statement of law in England and Wales. It has an alphabetised title scheme covering all areas of law, drawing on authorities including Acts of Parliament of the United Kingdom, Measures of the Welsh Assembly, UK case law and European law. It is written by or in consultation with experts in the relevant field. ''Halsbury's Laws'' has an annual and monthly updating service. The encyclopaedia and updates are available in both hard copy and online, with some content available for free online. History In 1907 Stanley Shaw Bond, editor at Butterworths, began a project to produce a complete statement of the law of England and Wales that was authoritative, comprehensive and up-to-date. Bond tracked down the former Lord Chancellor, The Earl of Halsbury, on holiday in Nice to invite him to be the editor-in-chief of ''The Laws of England''. Traditionally, the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Archbold Criminal Pleading, Evidence And Practice
''Archbold Criminal Pleading, Evidence and Practice'' (usually called simply ''Archbold'') is the leading practitioners' text for criminal lawyers in England and Wales and several other common law jurisdictions around the world. It has been in publication since 1822, when it was first written by John Frederick Archbold, and is currently published by Sweet & Maxwell, a subsidiary of Thomson Reuters. Forty-three revisions were published prior to 1992 and since then it has been published annually. Its authority is such that it is often quoted in court. The team of authors is made up of experienced barristers, KCs and judges. Editors Magistrates' courts As far as it covers procedure and practice, ''Archbold'' refers to those of the Crown Court. A separate volume, ''Archbold Magistrates' Courts Criminal Practice'' covers the magistrates' courts.Sweet & MaxwellArchbold Magistrates' Courts Criminal Practice 2023 accessed 25 November 2022 Archbold Magistrates' Courts Criminal Pract ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Medieval English Law
In the history of Europe, the Middle Ages or medieval period lasted approximately from the late 5th to the late 15th centuries, similar to the post-classical period of global history. It began with the fall of the Western Roman Empire and transitioned into the Renaissance and the Age of Discovery. The Middle Ages is the middle period of the three traditional divisions of Western history: classical antiquity, the medieval period, and the modern period. The medieval period is itself subdivided into the Early, High, and Late Middle Ages. Population decline, counterurbanisation, the collapse of centralized authority, invasions, and mass migrations of tribes, which had begun in late antiquity, continued into the Early Middle Ages. The large-scale movements of the Migration Period, including various Germanic peoples, formed new kingdoms in what remained of the Western Roman Empire. In the 7th century, North Africa and the Middle East—most recently part of the Eastern Roman ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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