sources of law

Cards (18)

  • What are the two main types of law discussed?
    Civil law and criminal law
  • What are the primary sources of law in the English legal system?
    Legislation, common law, EU law, customs
  • What is the primary source of law in England and Wales?
    Legislation made by Parliament
  • What is the process for legislation to be enacted by Parliament?
    It goes through readings and committee scrutiny
  • What is the term for laws passed by Parliament?
    Acts of Parliament or statutes
  • What is secondary legislation?
    Delegated legislation by Parliament
  • What are examples of primary legislation?
    Human Rights Act, Companies Act 2006
  • Why is delegated legislation important?
    It allows for flexible and efficient lawmaking
  • What is the common law?
    Law developed by judges through court decisions
  • What is the doctrine of precedent?
    Legal principles established by previous cases
  • How do judges apply the doctrine of precedent?
    By following, rejecting, or modifying previous cases
  • What is the ratio decidendi?
    The legal reasoning behind a court's decision
  • What are obiter dicta?
    Comments made by judges not essential to the decision
  • What was the role 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 legal context?
    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?
    They guide behavior in an uncodified Constitution