Angličtina (1)
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Customs, rulings, jury…
Based on Roman law (rules of
emperor Justinian in particular). The
Enlightenment led to production of
comprehensive legal codes.
Countries
Former English colonies (Australia,
India, Canada, USA)
European countries and former
French, Dutch, German, Spanish and
Portuguese colonies
Equity (=fairness) is an important feature of English law and has developed as a way of dealing with the inflexibility of the
legal system. This rule of law became known as the doctrine of equity and provides various ways of compensating for loss
(remedy). The court administering equity was called The Court of Chancery. In conflict (between common law and equity)
equity prevailed. Nowadays we speak about “equitable remedies” (specific performance, injunction).
LEGISLATION
Legislation may be divided into primary and secondary one. The primary is made by the supreme legislative body
(Parliament). In Britain, the laws of the primary legislation break down into public (apply to the entire community) and private
ones (apply to a particular individual/group of individuals). The secondary (also delegated) legislation is made by ministries
(statutory instruments) or local authorities (by-laws).
The proposal of a statute is called a bill. Then it becomes an act of Parliament and needs to gain the royal assent or
President’s signature. After that the act may come into effect.
Structure of laws:
chapter (částka)
part, title, subpart (část, hlava, oddíl)
section (paragraf)
subsection (odstavec)
paragraph (písmeno)
subparagraph (věta/bod)
2 – DIVISION OF LAW
DIVISION OF LAW