Media Law: 1 How is law made? Flashcards Preview

Media Law > Media Law: 1 How is law made? > Flashcards

Flashcards in Media Law: 1 How is law made? Deck (15):
1

sources of law
[7]

- statute
- delegated legislation
- case law
- European (EU) law
- international treaties
- custom
- equity

2

human rights law
[2]

- European Convention on Human Rights
- Human Rights Act 1998

3

statute
[2]

- Acts of Parliament
- precedence over everything except EU law

4

delegated legislation
[3]

- laws requiring complex set of rules
- Parliament delegates rule setting to other public bodies
- OR when laws need implementing fast

5

types of delegated legislation
[3]

- statutory instruments (made by government departments)
- by-laws (local authorities, etc.)
- orders in council (at times of emergency)

6

case law
[2]

- product of cases in law courts
- higher courts set precedent, must be followed by lower courts

7

facts of the case
[1]

- determining what happened

8

areas of EU legislation
[3]

- transport
- agriculture
- many industry regulations

9

areas not covered by EU legislation
[2]

- criminal law
- family law

10

Supreme Court
[2]

- predecessor: Lords
- NOT bound by its own decisions (times they are a-changin')

11

courts that CANNOT set precedents
[3]

- County Courts (civil)
- Crown Courts (criminal)
- Magistrates Courts (criminal)

12

courts that CAN set precedents
[6]

- EU
- Supreme
- Appeal (Civil Division)
- Appeal (Criminal Division)
- High Court
- High Court (Queen's Bench)

13

types of case heard by ECJ
[3]

- complaints about implementation of EU law by other member states
- challenges to EU legislation by member states
- referrals from member states' courts

14

international treaties
[1]

- Parliament must pass legislation for provisions to become law

15

equity
[3]

- 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)