Public opinion



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Another problem is finding the ‘ratio decidendi’ in the judgement, as some judgements are several pages long. This becomes even more complicated when 2 judges (or up to 5 in the House of Lords) give judgements in appeal cases. Overall I think the advantages out weight the disadvantages, as there must be some form of following past decisions and consistency, otherwise the law would be chaotic and lose credibility. Statute law has both advantages and disadvantages; one advantage is the thought that Parliament are more in touch with the outside law than judges.

This means that a public opinion is taken into account. Another is that Parliament is free to make law points straight away, rather than waiting for a case to come along. This way, Parliament helps to fill in the ‘gaps’ of case and common law. The main advantage is that Parliament has been democratically elected, therefore been given the mandate to make the law by the people. But this system also has disadvantages. These include the problems of the long process of passing an Act, therefore, many sections of laws get overlooked as Parliament don’t seem to have the time to discuss and reform the law.

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In all I think that this system works well, but only in combination with case law. Alone, I think that it would not be as effective. The most recent source is European Law. The advantages of this source include the wide section of opinions as a member is elected from each Member State. When coming to important decisions, all ministers must be in agreement; this perfects the decision from a cross section of opinions. For less important decisions a unanimous decision must be reached having a given amount of votes per country, relative to their size.

Another is that the European Parliament is elected every 5 years, this way there is a wide cross section of members over the years to represent each country. There are also disadvantages to the system. What I consider to be a big disadvantage is that the members tend to be members of aristocracy, such as Lords, who have the baronial image inherited from their family. This is unfair as the publics opinion does not seem to be taken into account much, especially as it’s the public that are affected by these laws.

In all I think that our sources are very effective with decisions made from judicial precedent and any uncertainties or ‘gaps’ filled in by Parliament or by Delegated legislation. However English sources of law are bound by European laws, which I see as a disadvantage, as different countries have different cultures and ideas, and it seems unfair, that we should be bound by their decisions.

References

GCSE Law by Jacqueline Martine Law for GCSE by Pete Shears  Google search engine on the internet Ask search engine on the internet.

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