Sources of law

Subdecks (1)

Cards (45)

  • What are the two main types of law discussed?
    Civil law and criminal law
  • What is the primary source of law in England and Wales?
    Legislation made by Parliament
  • What are acts of Parliament also known as?
    Statutes
  • What is the process for legislation to be enacted by Parliament?
    It goes through readings and committee scrutiny
  • What is Royal Assent?
    Formal approval of legislation by the monarch
  • What is primary legislation?
    Law made directly by Parliament
  • What is secondary legislation also known as?
    Delegated legislation
  • What is the purpose of secondary legislation?
    To create detailed rules without full Acts
  • What are statutory instruments?
    Forms of secondary legislation
  • How does delegated legislation provide flexibility?
    It allows quick responses to specific issues
  • What is common law?
    Law developed by judges' decisions
  • What is the doctrine of precedent?
    Legal principles established by previous cases
  • What does the term 'ratio decidendi' refer to?
    The legal reasoning behind a court's decision
  • What are obiter dicta?
    Comments made by judges not essential to the decision
  • What was the impact of EU law before Brexit?
    It was a significant source of law in the UK
  • What is retained EU law?
    EU laws still applicable in the UK post-Brexit
  • What are customs in the context of law?
    Traditional practices with legal recognition
  • What are conventions in the UK legal system?
    Unwritten rules guiding political institutions
  • Why are conventions important in the UK government?
    They guide behavior despite being unenforceable
  • What is the significance of the Human Rights Act?
    It is a primary piece of legislation
  • What does parliamentary sovereignty imply?
    Parliament can make or repeal any law
  • What is the difference between vertical and horizontal direct effect?
    Vertical applies to state actions, horizontal to individuals
  • What is the role of the European Communities Act 1972?
    It incorporated EU law into UK law
  • What is the nature of local customs?
    Traditional practices recognized legally
  • How does the UK Constitution differ from the US Constitution?
    It is uncodified and not in one document