The English legal system is complex and there are many ways in which it can be influenced, this essay will explore some of the different and more obvious ways in which the law can be changed and what this show in relation to the quote above. Firstly the essay will discuss the different ways in which law can be created and changed and who enables and controls such changes, with my main examples being common law and legislation for the judiciary and Parliament respectively, then the essay will cover to what extent these powers allow the judiciary to change and create laws in relation to Parliament and whether it could be described as "opportunistic and piecemeal". It is certainly arguable that to promote democracy in its current form there must be the rule of law. The legislative process has fundamentally separate divisions, with Parliament carrying out the legislative function, the national government carrying out the executive function, and the courts representing the judiciary. Dividing the legislative process prevents one group or person from accumulating too much power, which in turn helps prevent abuse. Common law is the concept that some of the fundamental principles that form the basis of the English legal system come from judges rather than from Parliament, with case-by-case rulings developing precedents, forcing lower courts to follow established principles by higher courts but allow higher courts to overturn decisions of lower courts. This allows courts, over time, to refine the law. Courts may also decide to ignore rulings when considering setting it as precedent with sufficient justification, this leaves room for special cases. As a disadvantage of common law, courts are sometimes unwilling to overturn long-standing cases. Slapper,...... middle of paper......ncil from reading 1, in this case we see a London council attempting to implement a practical reduction in tariffs on government orders. Both parties are held accountable. In conclusion, I would say that I disagree with the quote. Within the legal system there are numerous ways in which the judiciary can bring about change in the law, although not as directly as parliament, this is obviously necessary in a democracy. In fact, the legislative process can be carried out in the courts. Their decisions, when not contrary to parliament, establish a precedent, which could be legislated. Courts are able to react ahead of legislation as social, technological and political trends change and impose clarifications in further similar cases using the precedents placed before them. So, while Parliament technically makes the laws, the judiciary, like any other part of a democratic society, is able to make changes to the law.
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