[panda3]

hey guys i was just wondering if you guys could help me on the following essay question i have... slightly stuck on would really appreciate it.


“Lawyers...think of the ...courts as being at the very centre of the legal system”. (Atiyah, Law and Modern Society, 2nd edition, OUP, Oxford 1995).

Do you think that the courts are ‘at the very centre of the [English] legal system’? Whether you do or not, identify and describe some of the features which you consider central to the English legal system. Explain and justify your answer.

[admbeatmaker]

If I were answering this question i'd consider the following:

(a) The courts hierarchy and it's effect on judicial precedent + The role of judicial precedent (judge made law).
(b) Legislation and the law making process (Acts of Parliament etc.).
(c) Alternative dispute resolution (arbitration, mediation and conciliation).
(d) Legal careers and the role of solicitors, barristers and judges.
(e) Lay people in the legal system i.e. magistrates and jurors.

Of course you should consider your own ideas as the question suggests. But my suggestions should steer you into some direction and for you to be able to form some kind of structure.

[vchristina27]

im doing the same question was wondering if any of you knew any cases i could quote to regarding this particular question

THANKS!!

[admbeatmaker]

If you're studying law, i'm sure you are able to find the relavent case yourself.

[Zacho]

(Original post by vchristina27)
im doing the same question was wondering if any of you knew any cases i could quote to regarding this particular question

THANKS!!

R v Jackson is a good one for the judicial precedent debate and the whole thing about judge made law, etc.

Most of the authority here though will probably come from journal articles and books. Look at Bingham's book in particular as it is very relevant to all of this.

Alternative dispute resolution will also be of relevance here,I believe it has increased in recent years so shows an argument against courts being at the centre of the legal system

Also, talk about how the legislators actually make the law and the judges merely interpret it. Do they go too far here? Judges are said to use their interpretive powers a bit too much.

It is quite a wide question but hopefully this gives you some ideas.

[vchristina27]

thanks youve led me into the right direction!

[vchristina27]

yes thank you!

[Valia99]

panda3 = vchristina 27 ?

[Zacho]

(Original post by Valia99)
panda3 = vchristina 27 ?

i thought the same thing!

[vchristina27]

saying that panda and vchristina are the same people? .....no! lol