Theme C: Sources of law Flashcards
(23 cards)
What are the main sources of law in the UK?
The main sources of law in the UK are common law (case law or precedent) and legislation made by Parliament. Also, the laws of the European Union (EU) when a member state.
What is common law?
Common law refers to laws made by judges in cases that have appeared before them.
How has common law evolved over time?
Much English law is common law and has existed for a long time. In medieval times, judges would travel the country hearing cases and settling disputes. Their judgments became the common law (or case law) that could be referred to by other judges in similar cases.
What is the significance of a judge’s ruling in common law?
If a judge made a ruling on a case, it set a precedent for other judges to follow in future cases.
Is common law still followed in the UK?
Yes, common law is still followed in the UK. Judges follow decisions made in the past by other judges of the same or superior rank.
How might new developments affect common law?
New developments in technology might lead to new precedents being set. Judges need to interpret the law in light of developments such as social media and digital content.
Can judges influence legislation in the UK?
Yes, judges can also recommend to Parliament that it brings the law up to date to reflect such changes.
What does it mean to legislate?
To make law is to legislate.
What is the most important source of new legislation in the UK?
Parliament is the most important source of new legislation in the UK.
What is an Act in the context of UK law?
Once a bill has passed through Parliament, it becomes an Act, also known as a statute.
What does it mean that the UK Parliament is sovereign?
The UK Parliament is sovereign, meaning it can make law on anything it chooses.
How do most new laws start in the UK?
Most new laws start with the Government and must be agreed to by Parliament.
Where do many new laws originate from?
Many new laws start as proposals in the manifesto of the winning political party in a general election.
What is a Private Members’ Bill?
A Private Members’ Bill is a process by which a backbench MP can propose legislation on an important or controversial issue.
Why do only a few Private Members’ Bills succeed?
Only a few Private Members’ Bills succeed because the Government occupies most of the time in the House with its own legislation.
When did the UK join the European Union?
The UK joined the European Union in 1973.
What must happen to EU laws in member countries?
All laws of the EU must become part of the law of its members.
What does EU law have over a country’s own laws?
EU law has primacy over a country’s own laws.
What limitation does EU law impose on the UK Parliament?
The UK Parliament cannot pass a law that contradicts EU law.
What was one reason for the UK’s decision to leave the EU?
The wish for the UK Parliament to take back control of all aspects of law-making.
What is a key problem for the UK in leaving the EU?
Deciding what should be done with the many laws that originated in the EU.
What will Parliament have to decide regarding EU laws?
Parliament will have to decide the future of such laws.
Identify two ways in which UK law is made.
- Legislation passed by Parliament.
- Common law established by court decisions.
