Anglo-Saxon legal system - a set of legal norms and the relationships between them, specific to the UK, USA, Australia and other areas that once were part of the British Empire.It can still be called the Anglo-American legal system, or the family.The main provisions of this legal device formed in the Middle Ages.It is believed that this procedure is derived from the Norman Conquest of England after the Battle of Hastings in 1066.Then, as in Europe, the right of lawmaking belonged to the king or other royals.Since the courts in the capital of the conquered country was king, and the Normans displaced the old order, the decisions of these courts became provisions that took legally binding.
So in a situation where when considering Case royal judges adjudicate and formulated rules that they were guided in making his verdict.Quite often, the judge used the customs prevailing outside any legal framework.These solutions are brought to the knowledge of all the other courts in the state, and they were guided by the same rules, taking similar cases such decisions.This kind of source of law is called a precedent, that is, mandatory sample for which should disassemble similar cases.The Anglo-Saxon legal system is characterized by the fact that its legislation is a huge number of cases.
Over time, the decline of the feudal system and the economic growth of cities and the bourgeoisie, form another type of right, when the Chancellor of the King by the rules of a clear procedure to resolve disputes, to which litigants appealed to the monarch.This kind of legislative powers is called the right of justice, as opposed to the basic set of case law (common law).We can say that the Anglo-Saxon legal system for a long time was of dual nature, because the decisions of both branches of the law are recorded separately and have different scope.
When in the second half of the XIX century in the country there was judicial reform, both the Code is that used as a precedent in the regulatory power, became one.Up to this day the tradition to develop legislation on the basis of judicial decisions is fundamental to the UK, and on it rests the whole legal system.Unlike civil law, such rules more flexible and not as monolithic, but on the other hand they allow a sufficiently broad interpretation, and a huge part in their enforcement belongs to the procedural points.Since many of the provisions of Roman law not been incorporated in the "island" a set of legal statutes, to develop autonomously, the division between public and private law it is also absent.
legal system of England never knew and still knows multivolume codes specific to the rest of Europe.Although modern society is divided right for certain types or in practice, not in theory, this delineation does not attach much importance.All the courts in this country have a shared jurisdiction and the same court may handle cases of civil, criminal, administrative, commercial law, and so on.The hierarchy of the legislative device does not exist between the laws, and between precedents and binding precedent depends on what level of court approves it.Higher binding decisions are adopted by the House of Lords of Appeal and the High Courts.
Anglo-Saxon legal system allows you to change the previously adopted a precedent, but it requires the decision of the higher court or the Parliament.But such cases are very infrequent, the more that is rare to find things, like two drops of water similar to each other.Therefore, if the judges believe that they regarded the matter bears no resemblance to any other, then they can be authors of the new rules.In this type of legislative regulation of the powers of the judges are extremely wide.However, they regulate the so-called statutory law, consisting of laws and regulations adopted by Parliament (it is known that every year is approved about eight dozen such documents).Recently, this type of legal device plays in the "island" system of law ever increasing role.
