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Contempt Of The Sovereign
Contempt of the sovereign (also called contempt of statute) was an ancient doctrine in English law dating from medieval times, and now obsolete. It was the crime imputed by common law whereby a person disobeyed an act of Parliament which did not say what the penalty was nor how it was to be enforced – the crime itself was recognised. The doctrine was based on the original custom that an act of Parliament was an expression of the sovereign's will, enacted with the "advice and consent" of Parliament. It has been mainly overturned in precedent since the English interregnum. Thus in modern jurisprudence, contravening a statute is not a crime unless the statute expressly says so in clear terms. The last time it was used was in 1840.''Halsbury's Laws of England'', 5th edition, volume 25, paragraph 362 (It is not to be confused with ''lèse-majesté''.) References * Archbold Criminal Pleading, Evidence and Practice (2010) 1-6 Further reading * Hawkins, Treatise of the Pleas of t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Law
English law is the common law list of national legal systems, legal system of England and Wales, comprising mainly English criminal law, criminal law and Civil law (common law), civil law, each branch having its own Courts of England and Wales, courts and Procedural law, procedures. The judiciary is judicial independence, independent, and legal principles like Procedural justice, fairness, equality before the law, and the right to a fair trial are foundational to the system. Principal elements Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Act of Parliament, Acts of Parliament, Statutory Instrument, regulations and by-laws. In the absence of any statutory law, the common law with its principle of ''stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both United Kingdom l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Precedent
Precedent is a judicial decision that serves as an authority for courts when deciding subsequent identical or similar cases. Fundamental to common law legal systems, precedent operates under the principle of ''stare decisis'' ("to stand by things decided"), where past judicial decisions serve as case law to guide future rulings, thus promoting consistency and predictability. Precedent is a defining feature that sets common law systems apart from Civil law (legal system), civil law systems. In common law, precedent can either be something courts must follow (binding) or something they can consider but do not have to follow (persuasive). Civil law (legal system), Civil law systems, in contrast, are characterized by comprehensive Code of law, codes and detailed statutes, with no emphasis on precedent, and where judges primarily focus on fact-finding and applying codified law. Courts in common law systems rely heavily on case law, which refers to the collection of precedents and le ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Interregnum
The Interregnum was the period between the execution of Charles I on 30 January 1649 and the arrival of his son Charles II of England, Charles II in London on 29 May 1660, which marked the start of the Stuart Restoration, Restoration. During the Interregnum, England was under various forms of republican government. Politics The politics of the period were dominated by the wishes of the ''Grandee (New Model Army), Grandees'' (senior officers) of the New Model Army and their civilian supporters. They encouraged (or at least tolerated) several republican regimes. From 1649 until 1653 executive powers lay with the English Council of State, Council of State, while legislative functions were carried out by the Rump Parliament. In 1653, the Grandees, with Oliver Cromwell leading these reformists, dismissed the Rump Parliament, replacing it with a Nominated Assembly (nicknamed the Parliament of Saints or Barebone's Parliament). This Barebone's Parliament was composed of 140 nominees, 12 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Halsbury's Laws Of England
''Halsbury's Laws of England'' is an encyclopaedia of the law in England and Wales. It has an alphabetised title scheme for the areas of law, drawing on authorities including Acts of Parliament of the United Kingdom, Measures of the Welsh Assembly, UK case law and European law. It is written by or in consultation with experts in the relevant field. ''Halsbury's Laws'' has an annual and monthly updating service. The encyclopaedia and updates are available in both hard copy and online, with some content available for free online. History In 1907 Stanley Shaw Bond, editor at Butterworths, began a project to produce a complete statement of the law of England and Wales that was authoritative, comprehensive and up-to-date. Bond tracked down the former Lord Chancellor, The Earl of Halsbury, on holiday in Nice to invite him to be the editor-in-chief of ''The Laws of England''. Traditionally, the role of editor-in-chief of ''Halsbury's Laws'' is held by a former Lord Chancellor, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lèse-majesté
''Lèse-majesté'' or ''lese-majesty'' ( , ) is an offence or defamation against the dignity of a ruling head of state (traditionally a monarch but now more often a president) or of the state itself. The English name for this crime is a modernised borrowing from the medieval French, where the phrase meant . In classical Latin, meant 'hurt/violated majesty' or 'injured sovereignty' (originally with reference to the majesty of the sovereign people, in post-classical Latin also of the monarch). The concept of ''lèse-majesté'' expressed the idea of a criminal offence against the dignity of the Roman Republic of ancient Rome. In the Dominate, or late Empire period (from the 3rd century CE), the Roman Emperor, emperors continued to distance themselves from the republican ideals of the Roman Republic, and increasingly equated themselves with the state. Although legally the (the emperor's official title, meaning, roughly, 'first citizen') could never become a sovereign because t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Archbold Criminal Pleading, Evidence And Practice
''Archbold Criminal Pleading, Evidence and Practice'' (usually called simply ''Archbold'') is a leading practitioners' text book for the practice of criminal law in the Crown Court of England and Wales. It is also referred to and used in several other common law jurisdictions around the world. ''Archbold'' has been in publication since 1822, when it was first written by John Frederick Archbold. It is currently published by Sweet & Maxwell, a subsidiary of Thomson Reuters. Forty-three revisions were published prior to 1992 and since then it has been published annually. Its authority is such that it is often quoted in court. The team of authors is made up of experienced solicitors, barristers, King's Counsel and judges. Editors Related publications A separate work, '' Archbold Magistrates' Courts Criminal Practice'' (usually called simply ''Archbold Magistrates'') covers the criminal jurisdiction of magistrates' courts and youth courts of England and Wales. It also ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Medieval English Law
In the history of Europe, the Middle Ages or medieval period lasted approximately from the 5th to the late 15th centuries, similarly to the post-classical period of World history (field), global history. It began with the fall of the Western Roman Empire and transitioned into the Renaissance and the Age of Discovery. The Middle Ages is the middle period of the three traditional divisions of Western history: classical antiquity, the medieval period, and the modern period. The medieval period is itself subdivided into the Early Middle Ages, Early, High Middle Ages, High, and Late Middle Ages. Population decline, counterurbanisation, the collapse of centralised authority, invasions, and mass migrations of tribes, which had begun in late antiquity, continued into the Early Middle Ages. The large-scale movements of the Migration Period, including various Germanic peoples, formed new kingdoms in what remained of the Western Roman Empire. In the 7th century, North Africa and the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
