English Common Law: Structure and Principles

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English Common Law: Structure and Principles

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About this course: The Common Law of England and Wales is one of the major global legal traditions. In order to understand the common law, we need to deal with its history, and the development of its characteristic institutions like the jury, judge made law, parliamentary sovereignty and due process. We also need to ask some critical questions. What role does democracy play in the development of the common law? To what extent are human rights central to the modern common law? How does the common law of England and Wales relate to the law of the European Union? Answering these questions will give us insights into the current challenges the law faces and its possible futures.

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When you enroll for courses through Coursera you get to choose for a paid plan or for a free plan

  • Free plan: No certicification and/or audit only. You will have access to all course materials except graded items.
  • Paid plan: Commit to earning a Certificate—it's a trusted, shareable way to showcase your new skills.

About this course: The Common Law of England and Wales is one of the major global legal traditions. In order to understand the common law, we need to deal with its history, and the development of its characteristic institutions like the jury, judge made law, parliamentary sovereignty and due process. We also need to ask some critical questions. What role does democracy play in the development of the common law? To what extent are human rights central to the modern common law? How does the common law of England and Wales relate to the law of the European Union? Answering these questions will give us insights into the current challenges the law faces and its possible futures.

Created by:  University of London
  • Taught by:  Professor Adam Gearey, Professor of Law

    School of Law, Birkbeck College, University of London
Language English How To Pass Pass all graded assignments to complete the course. User Ratings 4.5 stars Average User Rating 4.5See what learners said Coursework

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University of London The University of London is a federal University which includes 17 world leading Colleges. Our International Programmes were founded in 1858 and have enriched the lives of thousands of students, delivering high quality University of London degrees wherever our students are across the globe. Our alumni include 7 Nobel Prize winners. Today, we are a global leader in distance and flexible study, offering degree programmes to over 50,000 students in over 180 countries. To find out more about studying for one of our degrees where you are, search for 'London International'.

Syllabus


WEEK 1


Week One: Dead Kings and Presidents: A Brief History of the Common Law



Week one introduces you to the history of the Common Law, from armies and kings through to modern family life. We will journey through the evolution of the Common Law to the system we see today. By the end of this week, hopefully you'll understand more about: 1. Understand some of the process involved in the Justice System 2. Understand the history of the development of the common law.


9 videos, 4 readings expand


  1. Reading: Start here
  2. Video: Introducing the course
  3. Reading: Introduction to the course
  4. Reading: About Professor Gearey
  5. Reading: Language help
  6. Video: An Introduction
  7. Video: The History of the Common Law
  8. Video: After the Civil War
  9. Video: Fairness in the Common Law
  10. Video: Due Process
  11. Video: Learning the Common Law
  12. Video: What is a case?
  13. Video: A Common Thread in the Common Law

Graded: Week 1 Exam

WEEK 2


Week Two: See You In Court: The Court System and the Common Law
Welcome to week 2 of English Common Law. Learning outcomes this week: 1. Describe the Hierarchy of the UK Courts, the Judges who sit there and their Judicial role


6 videos expand


  1. Video: Lecture 2 : Introduction
  2. Video: An Introduction to the courts
  3. Video: The Civil Courts
  4. Video: The Criminal Courts
  5. Video: The Supreme Court
  6. Video: Precedent : How Courts influence each other

Graded: Week 2 Exam

WEEK 3


Week Three: Supreme Power: Parliamentary Sovereignty and Law Making
Welcome to week 3 of English Common Law. Learning outcomes this week: 1. Explain the concept of Parliamentary Sovereignty 2. Describe the journey of a Bill


12 videos expand


  1. Video: Introduction
  2. Video: From Putney to Parliament
  3. Video: Where does the Law come from?
  4. Video: Statutes : the rise of Parliament
  5. Video: The Powers of Parliament
  6. Video: Parliament and Europe
  7. Video: Human rights come home
  8. Video: Judges and Parliament
  9. Video: What is the House of Commons
  10. Video: What is the House of Lords
  11. Video: What is the Separation of Powers
  12. Video: The Passage of a Bill

Graded: Week 3 Exam

WEEK 4


Week Four: Wigs and Pens: Judicial Law Making and the doctrine of Precedent
Welcome to week 4 of English Common Law. Learning Outcomes this week: 1. Explain the Court Hierarchy in relation to precedent 2. Identify ways in which precedent may be avoided 3. Discuss the advantages and disadvantages of precedent


9 videos expand


  1. Video: Lecture 4 : Introduction
  2. Video: What is Precedent
  3. Video: How is precedent implemented?
  4. Video: Precedent - Post 1966
  5. Video: When precedent doesn't bind
  6. Video: When precedent shouldn't bind
  7. Video: Are judges making law
  8. Video: The Common Law, Human Rights and Judges
  9. Video: The European Courts and precedent

Graded: Week 4 Exam

WEEK 5


Week Five: Reading the Riot Act: How Statutes are Interpreted
Welcome to week 5 of English Common Law. Learning Outcomes this week: 1. Explain the role of Judges in interpreting the law 2. Compare the rules of interpretation and identify the rules of language


9 videos expand


  1. Video: Lecture 5 : Introduction
  2. Video: How laws are interpreted
  3. Video: How Judges read laws
  4. Video: Presumptions
  5. Video: The case of Pepper V Hart
  6. Video: The case of Bulmer V Bollinger
  7. Video: New methods of interpretation
  8. Video: Cultural changes in interpretation
  9. Video: Interpretation and the human rights act

Graded: Week 5 Exam

WEEK 6


Week Six: After the War, Before the Peace: The European Union and Human Rights



Welcome to week 6 of English Common Law. Learning Outcomes: 1. Explain the effect of the European Communities Act 1972 on Parliamentary Sovereignty 2. Identify the effect on precedent and statutory interpretation 3. Discuss the effect of the Human Rights Act 1998


14 videos expand


  1. Video: Lecture 6 : Introduction
  2. Video: The roots of the European Union
  3. Video: Fundamental rights
  4. Video: The Values of the European Union
  5. Video: The Common heritage
  6. Video: Institutions of the EU
  7. Video: EU Law
  8. Video: The European Convention of Human Rights
  9. Video: The rights of man and human rights
  10. Video: The Rights in the Convention
  11. Video: The Structure of a right
  12. Video: The right to life
  13. Video: The right to freedom of assembly and association
  14. Video: Goodbye and Good Luck

Graded: Week 6 Exam
Graded: End of course exam: Acts of Parliament Exam
Graded: End of course exam: Dealing with a case Exam
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