CURIOSITIES OF THE LAW IN THE UNITED KINGDOM
The legal system of England is based on something known as Common Law, which is a set of laws developed through judicial decisions rather than written legal codes. This means that judges play a key role, as their rulings become mandatory references for resolving similar cases in the future. This characteristic provides flexibility to English law, allowing it to adapt to new circumstances without the need for constant legislative reforms.
An intriguing aspect of this system is the concept of “stare decisis”, which requires courts to uphold precedents established by higher courts. For example, decisions made by the Supreme Court are binding on all lower courts in England and Wales. However, when a new case arises without clear or well-defined precedents, the court has the option to develop the law in an innovative way.
Another interesting and relevant point is the coexistence of Common Law and Statutory Law, in other words, laws created by Parliament. Although statutes take precedence over judicial precedents, the interpretation of these laws often depends on judges, further reinforcing their influence within the system.
One of the most curious cases related to Common Law is Donoghue v. Stevenson (1932), one of the most famous in the history of English law. It established the foundations of the principle of “duty of care” within the field of negligence. This case, triggered by an incident involving a bottle of beer, completely revolutionised the law of torts and remains fundamental in current laws.
Finally, it is worth mentioning that the jury is another key element of English law, used in criminal cases to ensure a fair trial. However, its role has been debated due to its unpredictability in certain cases.
This legal system in the United Kingdom, with its peculiarities and constant evolution, provides a rich foundation for exploring how laws affect everyday life in England and the UK.