Sunday, August 11, 2019
Examine the sources of English Law and comment on the relevance they Essay
Examine the sources of English Law and comment on the relevance they hold for the construction or property professional. You should in particular comment on the - Essay Example Hence, his conduct is therefore dependent upon the manner that laws develop, such that as policies and regimes change, affecting the principles of private property, the devices available to property professionals are likely to change, as well. Thus, given the recent changes brought about European Union (ââ¬Å"EUâ⬠) legislations in English law, this essay will therefore assess the effects of EU legislations in English property law to determine its relevance on the duties of property professionals. Within English law, the rules governing property have been, for most part, determined by legislations made by the Crown and Parliament, as the landââ¬â¢s formal law-making authority. However, as Galbraith and colleagues have illustrated, this rule-making institution, although the supreme author of the law, is in practice subject to a number of limitations determined by statutory interpretation, in giving the legislationââ¬â¢s ââ¬Å"true meaningâ⬠; and European legislation, as part of English law (2004, pp. 3-4, 9). For the property professional, this is of relevance for a number of reasons. First, as the supreme author of the law, the Crown and Parliament, through legislation, determines the core devices, rules, and standards property professionals must abide by in practicing their profession. However, whereas practitioners can be widely knowledgeable on the relevant legislations affecting their practice, the bulky system of precedent developing under case law altering standards and procedures informally necessarily calls for property professionals to change the way they conduct their responsibilities as well (Abbey & Richards, 2005, p.31). Second, given that equity is a pervasive element of land law where court judges have a broad discretion in distinguishing disputes brought to court in the context of equitable rights over land;
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