Linguaggio giuridico inglese! English for lawyear

Il sistema legale inglese

English law is drawn from many sources and from a thousand years of national history. It is characterized by the absence of a written code. So, custom and legislation are the main sources of English law. There are written or unwritten sources. The firsts are: sentences, statutes, European law, and International law; the seconds are: equity and fairness.

Il diritto comune

The common law

The common law has developed across the customs and decisions of judges. In the past, when the judges decided similar cases in the same way, their decisions become law. The part of the decision that must be followed is known as the "ratio decidendi" which means "reason to decide." In addition to it, we can find in the sentences of the Courts "obiter dicta", which are non-binding comments made by a judge on a case.

What is community law?

It is legislation done by the Community Parliament.

L'equita'

Equity is a system of legal doctrine which mitigates the severity of the common law. It was created by the Lord Chancellor because in many cases there wasn't a legal remedy at common law. The aim of equity was to get fairness.

Il precedente giudiziario

Judicial precedent

The judicial precedent is the doctrine by which decisions of courts in previous cases are considered as a source of law, binding on the judges in later similar cases. This source of law is known as case law.

La legislazione

The legislation

The legislation is enacted law. It consists of laws passed by Parliament, known as Acts of Parliament or Statutes. This source of law is referred to as statute law. The parliamentary law is sovereign over other forms of law in England and Wales. Only Parliament can make laws or abolish obsolete laws. So the main legislative body in the United Kingdom is Parliament.

Delegazione

Delegated

The delegation (or secondary legislation) is law made by government ministers, with the authority of Parliament. Parliament cannot cope with the demand for new laws and so delegates the responsibility to another body and permits the act to be passed faster.

Diritto europeo

European law

European law concerns economic and social matters. The three sources of European law are: Treaties, Regulations, and Directives. They become law and are binding on all Member States.

Cosa è il diritto?

What is the law? The law is a system of rules. It affects everyday life and society and considers subjects en masse and actions in the abstract and never a particular person or action.

Diritto nazionale

National law

National law is the law which applies within a country. Into national law, there is a distinction between public and private law, and both can be divided into different categories.

Diritto pubblico

Public law

Public law deals with conflicts between individuals and the state in areas such as immigration and social security. It is divided into: constitutional law, administrative law, and criminal law.

Diritto costituzionale

Constitutional law

Constitutional law deals with relationships between different entities within a state, namely the executive, the legislative, and the judiciary. Not all nation-states have codified constitutions. The functions of the constitution are: to indicate hierarchies and relationships of power and to describe the procedure by which Parliaments may legislate.

Diritto amministrativo

Administrative law

Administrative law deals with activities of administrative agencies of government and the relationships with them. It controls how the Ministers of State administer the government policy.

Diritto penale

Criminal law

Criminal law refers to some behaviors which the State considers as crimes and punishes.

Diritti umani

Human rights

Human rights are the rights of individuals. Inspired by John Locke, the individual can do anything except that which is prohibited by law. Instead, the State cannot do anything, but only that which is authorized by law.

Diritto privato

Private law

The private law, usually called civil law, concerns relationships between legal persons, including individuals and corporations, their rights, and their duties. It must be distinguished from public law, which deals with relationships between the state and the population in general; while the private law deals with relationships between private citizens. The private law includes: marriage, divorce, civil unions, property, etc. and is divided into: family law, employment law (or labor law), law of succession, and property law.

The difference between public and private law

The public law deals with general interests; the private law deals with single interests.

Diritto internazionale

International law

International law is divided into: public international law, private international law, and supranational law. The public international law governs the rights and duties of nation-states in relation to each other. It includes: the Treaties law, Law of the Sea, International criminal law, and International humanitarian law. The sources for public international law are: custom, legislation, and treaties.

Private international law, also called conflict of laws, refers to the rights and duties of private individuals and commercial entities of different sovereign states. It is distinguished from public international law because it governs conflicts between private persons, rather than between states. About the nature of conflict of laws, there are two different points of view. Some persons believe the conflict of laws is a part of international law, claiming that the rules are uniform, universal, and obligatory for all states. This theory is called Universalism. Other persons believe that each state creates its own norms of conflict of laws prosecuting their own policy. This theory is called Particularism.

Diritto dell'Unione Europea

The European Union law

The European Union is composed of three Communities: the European Coal and Steel Community, the European Community, and the European Atomic Energy Community. The aims of the European Community were two: to create a common market and customs union between the Member States. The common market establishes the free circulation of people, goods, and services within the European Union. The customs union involves the application of a common external tariff on all goods entering the market. Free circulation of persons means that citizens of the European Union can move freely between member states to live, work, or study. Another aim of the European Economic Community was the creation of a monetary union across the euro. It was created to build a single market as a political symbol of economic integration.

The three sources of law of the European Union are: primary law, secondary law, and supplementary law. The main sources of primary law are Treaties, the most important of which is the Treaty of Rome. These Treaties are directly applicable in the Member States. Secondary sources are: regulations, directives, and decisions. Regulations are binding on all member states and automatically become law. Directives are binding on member states but aren’t binding on individuals until they have been incorporated into national law. Decisions are binding on those to whom they are addressed. Regulations, Directives, and Decisions have equal value.

The main institutions which exercise the functions of the Union are: the European Parliament, the Council of the European Union, the European Commission, and the European Council. The competencies amending legislation are divided between the European Parliament and the Council of the European Union, while executive mansions are performed by the European Commission. The application and interpretation of European Union law and the Treaties are ensured by the Court of Justice of the European Union.

Il Parlamento Europeo

The European Parliament

The members of the European Parliament are 736 and they are elected by the citizens of the European Union every five years. They sit according to political groups, rather than their nationality. The President of the European Parliament and Vice-President are elected by members.