1. 1. The functions of law include defence against evil, promotion of common good, dispute resolving over limited resources and encouraging people to do what is considered to be right the. lesbian, Gay, Bisexual and Transgender (LGBT) rights in the United Kingdom (UK) has witnessed significant evolution over the years (Aulette and Wittner, 2012). Sisters marrying each other would be an incestuous act which is considered to be illegal across the world. Marriage in the UK has been recognised in religious and civil unions that takes place between a woman and a man. Since the year 2005, civil partnerships were made available to same gender couples in the United Kingdom. In the year 2013, the Marriage Bill was introduced by the UK Government to the Parliament that would legalise same gender marriage in Wales and England.
Since same gender marriages were not recognised earlier, hotel owners whose religion made them believe physical intimacy outside marriage to be amoral and renting out a room to a couple who were not married would be promoting sin and had to pay penalty for the same. Such penalty was imposed due to the unequal treatment towards people which was discriminatory in an unlawful manner and not due to the religious beliefs of the hotel owners (Miller, 2012).
2. 2..The legal implications and regulations that the citizens of the country require to abide by plays a significant role in the delivery of judgements by the different levels of the judiciary system existent in the UK and other member nations of the European Union (EU) (Smith, 2005). The extent of applicability of such implications of legal frameworks and the method of working of the judiciary system of the country require proper establishment to provide clarity of implications to the people.Such framework is greatly dependent on the legal structure prevalent in the countries of the EU and the citizens should be in a position to understand the extent to which the provisions are applicable. They should also be aware of which of these legal establishments are bound to follow the provisions of the other. The local council by-laws are dependent on the judgements of the Parliament. The Parliament is the ultimate legal authority in the country and all the other courts of law need to abide by the regulations and legal frameworks of the Parliament. Though the UK legal structure is dependent on the EU regulations, in situations where conflicts arise, the final decision of the Parliament will be followed as the Parliament is the final jurisdiction authority (Mackenzie, 1959).
A common law can be considered to be void for judgment on relation to a particular case when it contradicts with the provisions of the Parliament. This is considered to be outdated in comparison with the latest provisions and is challenged in a higher court of law, the verdict of which is ruled in favour of the petitioner.
3. 3. In the delivery of the judgement of the Morley v Police (1996) case, the District Court Judge felt that the Hilder v Police case could be rejected and the outcomes of the cases of Cantley v Barton and Mieckle v Police cases could be taken as a precedent to the case because the judgement that had been delivered in case of the latter were in accordance with the legal provisions of the Parliament of UK. The focus of Hilder v Police was more on the relevance of the council by laws. This was in the delivery of the judgment and the judge probably felt that the same were not completely in accordance with the legal provisions of Parliament (Lender, 2006).
4. 4. In the English legal system, stare decisis or doctrine of binding precedent is considered to be basic where a precedent is the statement with regard to the law given by the judge in the decision of a case (Slapper and Kelly, 2004). According to the doctrine, within the hierarchy of the courts the inferior courts are bound by the decisions of the superior courts. In situations where there has been precedence set up by a superior or equal court, the judge needs to adhere to the ruling of the same. If precedent is set by an inferior court, the judge need not adhere to the ruling. Only the Supreme Court need not adhere to its own precedent (Wiseman, 2011).
The statements related to the law are binding which is called ratio decidendi or reason for decision. Reasons other than these are known as obetir dictum or by the way. A court is not bound by precedent if there had occurred any sort of lack of care in the original. In situations where there is material difference between the cases, then it depends on the court to select the precedent or not. Decisions of the lower courts are included in the persuasive precedent. Such decisions are not binding but can be persuasive. A subsequent decision is in a position to overrule a precedent by an Act of Parliament or a superior court.
Aulette, J. and Wittner, J. (2012). Gendered worlds. New York: Oxford University Press, USA.
Lender, M. (2006). "This honorable court". New Brunswick, N.J.: Rutgers University Press.
Levering, M. (2008). Biblical natural law. Oxford: Oxford University Press.
Mackenzie, K. (1959). Parliament. London: Methuen.
Miller, D. (2012). Gay marriage. Detroit: Greenhaven Press.
Slapper, G. and Kelly, D. (2004). The English legal system. London: Cavendish.
Smith, N. (2005). The European Union. Bronx, NY: H.W. Wilson Co..
Sullivan, R. (2007). Statutory interpretation. Toronto: Irwin Law.
Wiseman, P. (2011). Precedent. Hampton, N.H.: Mindstir Media.
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