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17 - England

from Europe and Eurasia

Published online by Cambridge University Press:  05 June 2012

Silke Goldberg
Affiliation:
Research Fellow in Energy Law at Rijksuniversiteit Groningen (Netherlands)
Richard Lord
Affiliation:
Brick Court Chambers
Silke Goldberg
Affiliation:
Herbert Smith LLP
Lavanya Rajamani
Affiliation:
Centre for Policy Research, New Delhi
Jutta Brunnée
Affiliation:
University of Toronto
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Summary

The English legal system

17.01England is part not only of the United Kingdom of Great Britain and Northern Ireland (‘UK’), but of the European Union, and this dual status is important in considering its law. England is a constitutional monarchy, but has no written constitution. It has a common law legal system. The main sources of the law are: (i) legislation, which may be ‘primary’ in the form of statutes passed by Parliament, secondary legislation, or European legislation in the form of Regulations, which have direct effect as a matter of English law; and (ii) the common law to be found in decided cases and as developed by the courts using a system of precedent. The law of tort, and much administrative law, is common law based.

The governmental stance on climate change

17.02The Department of Energy and Climate Change (‘DECC’) was created in October 2008, to bring together energy policy and climate change mitigation policy. DECC is responsible for all aspects of UK energy policy, and for tackling global climate change on behalf of the UK. The global challenge of climate change is now firmly established on the political agenda of the UK. The rising importance of addressing climate change in the UK was recently expressed in a case before the Planning Inspector, who noted that:

[t]here is no dispute over the national need to address climate change and the importance attached by the Government to the role of exploiting sources of renewable energy in doing so. This is manifest from a range of publications including, for example, the Renewable Energy Strategy 2009, the Energy Act 2008 and the Climate Change Act 2008.

Type
Chapter
Information
Climate Change Liability
Transnational Law and Practice
, pp. 445 - 488
Publisher: Cambridge University Press
Print publication year: 2011

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References

Fordham, MichaelThe Judicial Review HandbookHart Publishing 2008
Edwards, MartinClimate Change: What Chance a Damages Action in Tort?UKELA e-law 55 2010 22Google Scholar
Sepibus, J. De 2007
FIELD 2010
Coppel, PhilipInformation Rights: Law and PracticeHart Publishing 2010

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