sources of law

Cards (26)

  • What are the two main types of law distinguished in the English legal system?
    Civil law and criminal law
  • What are the primary sources of law in the English legal system?
    Legislation, common law, law of the European Union, customs, and conventions
  • What is the primary source of law in England and Wales?
    Legislation made by Parliament
  • What is the process through which laws are passed by Parliament called?
    The legislative process
  • What is the term for laws made by Parliament?
    Acts of Parliament or statutes
  • What is primary legislation in the English legal system?
    Laws passed directly by Parliament
  • What is secondary legislation also known as?
    Delegated legislation
  • Why is delegated legislation important in the legislative process?
    It allows for detailed rules to be created without a full Act of Parliament
  • What are statutory instruments?
    Examples of secondary legislation
  • What does the doctrine of precedent refer to in common law?
    Legal principles established by previous cases
  • What is the principle of stare decisis?
    The principle that courts follow precedents set by previous cases
  • What are the three actions a judge can take regarding precedent?
    Apply, reject, or modify the precedent
  • What is the ratio decidendi in a judicial decision?
    The legal reasoning that forms the basis of the court's decision
  • What are obiter dicta?
    Comments made by judges that are not essential to the decision
  • What act recognized the direct applicability of EU law in the UK?
    The European Communities Act 1972
  • What are customs in the context of law?
    Traditional practices that have gained legal recognition over time
  • How did EU law apply to the UK before Brexit?
    It was directly applicable and became part of UK law without needing Parliament's enactment
  • What is retained EU law?
    EU laws that remain part of the UK's domestic legal system after Brexit
  • What are conventions in the UK legal system?
    Unwritten rules guiding the behavior of political institutions
  • Why are conventions important in the UK government?
    They are crucial to the functioning of government despite not being legally enforceable
  • What implications did Brexit have on EU law in the UK?
    EU law no longer applies directly, but retained EU law continues to influence the legal system
  • What is the role of the European Court of Justice in UK law?
    It provided rulings that influenced UK law while the UK was an EU member
  • What is the significance of the Human Rights Act in the English legal system?
    It is an example of primary legislation that protects individual rights
  • How does the concept of parliamentary sovereignty relate to EU law?
    Parliamentary sovereignty means Parliament can make or unmake any law, including those related to EU law
  • What are the differences between vertical and horizontal direct effect in EU law?
    Vertical direct effect applies to state actions, while horizontal direct effect applies to private parties
  • What is the nature of the UK's uncodified Constitution?
    It is not written down in a single document