Chapter 1
The Legal Dimension: Legal
System and Method
John Hodgson
We live in a society dominated to an increasing, some would say excessive, extent
by legal rules and processes. Many of these apply to all of us, for instance the rules
relating to use of the road as driver, passenger, cyclist or pedestrian, while others
apply only to specific groups. In this chapter we will concentrate on the law as it
affects the provision of health care. It is easier to do this than to look at the law
relating to nurses or nursing, since for many purposes there is no legal distinction
between different health care professionals and their contributions to the overall
health care system. Before we do this, however, it is necessary to look briefly at the
main features of the legal system in which health care operates. This system is the
English and Welsh one. Scotland and Northern Ireland have their own systems
and rules, although there are some common areas. It is also possible to draw
valuable illustrations and guidance from other countries, although these are
influential but not decisive.
1.1 The law and its interpretation
In this section we will look briefly at the various sources of law operating in
England and Wales and at some of the methods used by judges when they have to
interpret and apply the law [1].
1.1.1 Statute law
Most English law is in the form of statutes. These are made by the Crown in
Parliament. Since 1688 the Crown in Parliament has been the supreme legislative
body in England, and subsequently in the United Kingdom. A statute, or Act of
Parliament, results from a bill or proposal for a statute. The bill may be proposed
by the Government or by any individual MP or member of the House of Lords. It is
debated and approved, with or without amendment, in both Houses [2]. Once
approved in Parliament the bill then receives formal Royal Assent. Statutes have
been passed on almost any topic imaginable. Among those of direct relevance to
the health care professions are: