Podcast
Questions and Answers
What is the role of delegated legislation?
What is the role of delegated legislation?
- To limit the flexibility of legal processes
- To allow for detailed rules without a full Act (correct)
- To establish precedents in court decisions
- To create new Acts of Parliament
What does the term 'ratio decidendi' refer to in a judicial decision?
What does the term 'ratio decidendi' refer to in a judicial decision?
- Non-essential comments made by the judge
- The overall conclusion of the court's judgment
- A precedent established by a case
- The legal reasoning underpinning the decision (correct)
How did EU regulations operate in the UK prior to Brexit?
How did EU regulations operate in the UK prior to Brexit?
- They had no effect unless specifically adopted by courts
- They were automatically integrated into UK law (correct)
- They required a special Act of Parliament to be enacted
- They needed to be approved by the House of Lords
What distinguishes 'obiter dicta' from 'ratio decidendi'?
What distinguishes 'obiter dicta' from 'ratio decidendi'?
What criteria must a custom meet to be recognized as part of the law?
What criteria must a custom meet to be recognized as part of the law?
Flashcards
Doctrine of Precedent (Stare Decisis)
Doctrine of Precedent (Stare Decisis)
A legal principle established through court decisions that guides future cases with similar facts.
Delegated Legislation
Delegated Legislation
Regulations created by government bodies, authorized by Parliament, to provide details on a specific law.
Ratio Decidendi
Ratio Decidendi
The legal reasoning behind a court's decision, which lower courts must follow.
Binding Precedent
Binding Precedent
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Obiter Dicta
Obiter Dicta
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Study Notes
Delegated Legislation
- Allows for detailed rules and regulations
- Created without full Parliament Act
- Flexible and efficient for specific issues
Common Law
- Developed by judges through court decisions
- Doctrine of precedent (stare decisis): previous legal principles followed in similar future cases
- Judge may:
- Follow the precedent
- Reject it and establish a new one
- Say it does not apply or partially follow
- Ensures predictability of the law
Ratio Decidendi
- Binding part of a judicial decision
- Legal reasoning forming the basis of the court's decision
- Lower courts must follow
Obiter Dicta
- Comments/observations in a judgment not essential to the decision
- Not binding, but can be persuasive in later cases
European Union Law
- Before Brexit, EU regulations had direct applicability
- Automatically became UK law without Parliament action
- European Communities Act provided for this
- EU directives required implementation via national legislation, but some had direct effect
- Many EU laws were retained after Brexit through the European Union (Withdrawal) Act 2018
Custom
- Traditional practices gaining legal recognition over time
- Local customs (area/community specific) can be part of the law if long-established, reasonable, and certain
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