Legal Systems Flashcards
(27 cards)
Main sources of law
Legislation
Common Law
Equity
Legislation
Acts of Parliament - Supreme law making body
Ability to make new laws or amend existing ones.
Delegated legislation
Common Law
Judge made law
Follows doctrine of judicial precedent
Based on customs and traditions
Applies to England and Wales
Equity
Equitable relief to those disadvantaged by common law outcome
Right injustices from common law
Based on morals and principles
Pillars of UK constitution
No one is above the law
Montisque - Separation of powers
Dicey - Parliamentary Sovereignty
Institutions of the constitution
Executive
Legislative
Judiciary
How is law created
1) Government policy - green paper, white paper
2)First reading - title read out
3) Second reading - consider principles and purpose, vote
4)Committee stage - Consider detail, amendments proposed
5)Report stage - Amendments reported back to house
6)Third reading - considered again, no further amendments can be made
7) Opposite house - Happens usually in HOL all steps
8)Royal assent
Delegated legislation
Public bodies granted legislative authority from Parliament
Granted by an enabling act
Statutory instruments
Regulations and orders
Issued by prime ministers within area of responsibility
Orders in issue
Used in emergencies
Issued by privy council
Can be statutory or prerogative
By laws
Made by local authorities concerning their local area
Disadvantages
Too much power passed down
Written poorly
Undemocratic
Reasons for delegated legislation
Saves Parliaments time
Used for complex issues
Local variations able to meet local needs
Hierarchy of Civil courts
Supreme Court
Court of Appeal
High court
County court
Hierarchy of criminal courts
Supreme Court
Court of Appeal
High court
Crown court
Magistrates Court
Supreme Court
Replaces House of lords
Civil and criminal appeals from England and wales
Only Civil appeals from scotland
Justices of supreme court
Court of Appeal
lord/lady justice of appeal
Criminal = lord chief justice
civil = master of rolls
High court
Ms/Mr justice
Queens bench division
Chancery division
Family division
County court
Circuit judges
Magistrates, Crown court
Magistrates:
District judges
Crown:
Less serious = recorders
Middle = circuit judges
High + High court judges
Hierarchy of judges
Justices of Supreme Court
Lord/lady justice of appeal
High court judges
Circuit judges
Recorders
District judges
ADR
Arbitration - Arbitrator used like a judge to settle dispute and arbitral award legally binding
Mediation - Used to help disputing parties come to agreement only legally binding w contract
Conciliation - Like mediation but more involved and legally binding
Can’t force parties to use ADR
May result in fines if disagree to use
ADR should be used before bringing to court
Statutory Interpretation
Statutes - Singular applies to plural, masculine to feminine
Presumptions - Law is retrospective , always speaking
External and internal aids - External: Oxford dictionary, Hansard Internal: Short and long title, marginal notes, Preamble
Common law rules:
Rules of language
Rules of interpretation
Parliamentary oversight over delegated legislation
Negative procedure
Affirmative procedure
The enabling act
Joint select committee on SI
Delegated powers scrutiny committee
