Media Law: 1 How is law made? Flashcards
1
Q
sources of law
[7]
A
- statute
- delegated legislation
- case law
- European (EU) law
- international treaties
- custom
- equity
2
Q
human rights law
[2]
A
- European Convention on Human Rights
- Human Rights Act 1998
3
Q
statute
[2]
A
- Acts of Parliament
- precedence over everything except EU law
4
Q
delegated legislation
[3]
A
- laws requiring complex set of rules
- Parliament delegates rule setting to other public bodies
- OR when laws need implementing fast
5
Q
types of delegated legislation
[3]
A
- statutory instruments (made by government departments)
- by-laws (local authorities, etc.)
- orders in council (at times of emergency)
6
Q
case law
[2]
A
- product of cases in law courts
- higher courts set precedent, must be followed by lower courts
7
Q
facts of the case
[1]
A
- determining what happened
8
Q
areas of EU legislation
[3]
A
- transport
- agriculture
- many industry regulations
9
Q
areas not covered by EU legislation
[2]
A
- criminal law
- family law
10
Q
Supreme Court
[2]
A
- predecessor: Lords
- NOT bound by its own decisions (times they are a-changin’)
11
Q
courts that CANNOT set precedents
[3]
A
- County Courts (civil)
- Crown Courts (criminal)
- Magistrates Courts (criminal)
12
Q
courts that CAN set precedents
[6]
A
- EU
- Supreme
- Appeal (Civil Division)
- Appeal (Criminal Division)
- High Court
- High Court (Queen’s Bench)
13
Q
types of case heard by ECJ
[3]
A
- complaints about implementation of EU law by other member states
- challenges to EU legislation by member states
- referrals from member states’ courts
14
Q
international treaties
[1]
A
- Parliament must pass legislation for provisions to become law
15
Q
equity
[3]
A
- traditionally plugged the gaps in Common Law
- now specific branch of law (in property)
- equitable remedies used in many branches of law (e.g. injunctions in defamation)
