Sources of Law in the UK

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Questions and Answers

What is the primary source of law in the UK that represents the will of the legislature?

Legislation (correct)

Common law

Case law

European Union law

Which source of law is formed by judges' decisions in particular cases?

Case law (correct)

Legislation

Statutory Instruments

European Convention on Human Rights

In the UK Parliament, what does the term 'bicameral' refer to?

A parliament with one house

A parliament with multiple chambers

A system with elected officials only

A parliament with two houses (correct)

What is the role of the House of Lords within the UK Parliament?

It brings expertise and reviews proposed legislation. Signup and view all the answers

What is the highest court of appeal for all jurisdictions in the UK?

The Supreme Court of the UK Signup and view all the answers

Which source of law was considered before 31st December 2020 but is not now recognized in the same way?

European Union law Signup and view all the answers

What must both the House of Commons and House of Lords do for new legislation?

Agree on the final text and amend it further. Signup and view all the answers

What is the significance of statutes in relation to case law?

Statutes override inconsistent case law. Signup and view all the answers

What significant change did the Human Rights Act 1998 introduce in the UK's legal framework?

It provided a domestic avenue for citizens to seek remedies under the European Convention on Human Rights. Signup and view all the answers

Which of the following acts is associated with notable reforms proposed by the Law Commission?

Contracts (Rights of Third Parties) Act 1999 Signup and view all the answers

What tension does the Human Rights Act 1998 illustrate in its operation?

Between human rights protection and parliamentary sovereignty. Signup and view all the answers

Why are many proposals by the Law Commission not enacted?

There are difficulties in ensuring timely and comprehensive law reform. Signup and view all the answers

What has been a recent contentious proposal regarding the Human Rights Act 1998?

To introduce a Bill of Rights that might alter human rights enforcement. Signup and view all the answers

Which Articles of the ECHR cannot be subject to derogation?

Article 2, 3, 4, 7 and 14 Signup and view all the answers

What principle allows member states to exercise discretion in interpreting Convention rights?

Margin of appreciation Signup and view all the answers

Which Article protects the right to a fair trial?

Article 6 Signup and view all the answers

Which section of the Human Rights Act 1998 mandates compatibility of legislation with ECHR rights?

Section 3 Signup and view all the answers

In which case did the European Court of Human Rights rule on the display of crucifixes in Italian public schools?

Lautsi v Italy Signup and view all the answers

Which of the following rights is considered absolute and cannot be subject to derogation?

Prohibition of torture Signup and view all the answers

What does Section 6 of the Human Rights Act 1998 state?

Public authorities must comply with ECHR rights Signup and view all the answers

Which concept requires that state interference with human rights is necessary, appropriate, and reasonable?

Proportionality Signup and view all the answers

Which Article prohibits discrimination?

Article 14 Signup and view all the answers

What is a 'declaration of incompatibility'?

A statement that primary legislation conflicts with ECHR rights Signup and view all the answers

Which of the following is not a function of the Human Rights Act 1998?

Allowing courts to strike down incompatible laws Signup and view all the answers

Which of the following freedoms is protected under Article 10?

Freedom of expression Signup and view all the answers

According to the principle of proportionality, what must be true of a measure affecting a fundamental right?

It must be necessary and appropriate Signup and view all the answers

What does derogation allow a member state to do?

Opt-out of certain rights in specific circumstances Signup and view all the answers

What is the purpose of publishing a green paper?

To present tentative proposals and invite comments Signup and view all the answers

What does the doctrine of binding precedent, also known as stare decisis, entail?

Courts must follow principles established in previous cases Signup and view all the answers

Which type of legislation expresses the will of the people through elected representatives?

Primary legislation Signup and view all the answers

What is the function of statutory instruments in the legislative process?

To provide detailed rules under the authority of primary legislation Signup and view all the answers

Which act established the Scottish Parliament?

Scotland Act 1998 Signup and view all the answers

What defines the scope of legislative powers for devolved nations in the UK?

Legislative powers are specified by statute for each devolved nation Signup and view all the answers

How does common law differ from primary legislation?

Common law is unwritten and based on precedents, while primary legislation is written and statutory Signup and view all the answers

What is the primary role of the Law Commission?

To review and propose reforms to outdated laws Signup and view all the answers

What was the effect of the Treaty of Lisbon in 2009 on EU law?

It established a single document for fundamental rights within the EU Signup and view all the answers

What characterizes European Union law as a system?

It is based on treaties democratically agreed upon by member countries Signup and view all the answers

What defines secondary legislation in relation to primary legislation?

It includes detailed rules made under the authority of primary legislation Signup and view all the answers

What legislative body is responsible for establishing the Welsh Assembly?

Government of Wales Act 1998 Signup and view all the answers

Which of the following best describes common law?

It derives from customs and precedents acknowledged by judges Signup and view all the answers

What is the primary objective of retained EU law (REUL)?

To provide legal continuity and certainty post-Brexit. Signup and view all the answers

What significant change did the Retained EU Law (Revocation and Reform) Act 2023 introduce?

Renamed retained EU law to ‘assimilated law’. Signup and view all the answers

Which document played a foundational role in the protection of human rights prior to the European Convention on Human Rights?

The Magna Carta. Signup and view all the answers

How do UK domestic courts interpret retained EU law after the 2023 Act?

They are independent of EU law and do not refer to it for interpretation. Signup and view all the answers

What was included in the scope of the European Convention on Human Rights?

A variety of fundamental rights and freedoms outlined in its articles. Signup and view all the answers

What is the relationship between the ECHR and the EU?

The ECHR functions independently from the EU. Signup and view all the answers

What key principle did the Magna Carta establish regarding citizens' rights?

Due process and equality before the law. Signup and view all the answers

What key effect did the Human Rights Act 1998 have on UK law?

It incorporated ECHR provisions directly into UK law. Signup and view all the answers

Under the ECHR, who can bring a case if they believe their rights have been violated?

Any person who believes a government has breached its obligations under the ECHR. Signup and view all the answers

According to the 2023 Act, which factor is now removed in interpreting assimilated law?

The necessity of considering previous case law of the CJEU. Signup and view all the answers

What does the term 'negative theory of rights' refer to in English law prior to the ECHR?

Citizens are free to act unless explicitly prohibited by laws. Signup and view all the answers

What was a significant feature abolished by the Retained EU Law (Revocation and Reform) Act 2023?

The requirement to align with EU policy frameworks. Signup and view all the answers

What does the term 'retained EU law' refer to in the UK legal context?

Laws originally implemented under EU obligations converted to UK domestic law. Signup and view all the answers

What year did the UK leave the EU, marking the end of the implementation period where EU law was a source of UK law?

2020 Signup and view all the answers

What is the purpose of Section 10 of the Human Rights Act?

To create a fast-track procedure for legislative amendment. Signup and view all the answers

What was the main focus of the Independent Review of the Human Rights Act?

Examining the relationship between domestic courts and the European Court of Human Rights. Signup and view all the answers

How does parliamentary sovereignty affect the Human Rights Act?

It limits courts to issuing declarations of incompatibility rather than invalidating laws. Signup and view all the answers

What is a significant proposed change in the consultation after the 2020 Independent Review?

To replace the Human Rights Act with a 'modern Bill of Rights'. Signup and view all the answers

How do the sources of law in England and Wales primarily differ from those in civil law systems?

English law relies heavily on common law rather than codified laws. Signup and view all the answers

What impact does the dualist system have on international treaties in England?

Treaties have to be incorporated through domestic legislation to have effect. Signup and view all the answers

What defines the role of the Law Commission in England and Wales?

Proposing legal reforms and codification of laws. Signup and view all the answers

What consequence did the withdrawal of the Bill of Rights Bill in June 2023 indicate?

There was significant controversy and opposition surrounding the changes. Signup and view all the answers

How does judicial precedent function in the English legal system?

Previous decisions bind future cases, shaping legal principles. Signup and view all the answers

What is one of the primary characteristics of civil law systems compared to common law systems?

Civil law systems have legislation as the primary source of law. Signup and view all the answers

In what way does section 19 of the Human Rights Act embed human rights considerations?

By requiring ministers to confirm Bill compatibility with Convention rights. Signup and view all the answers

What happens to international treaties ratified by the UK under the dualist system?

They require Parliament to incorporate them for domestic legal effect. Signup and view all the answers

Which of the following statements is true regarding the impact of the Human Rights Act on legislative power?

It enables Parliament to be alerted to potential human rights breaches without losing its ultimate authority. Signup and view all the answers

Study Notes

Sources of Law

Laws are created through legislation (statutes/Acts of Parliament), judicial decisions (precedent/common law/case law), the European Convention on Human Rights (incorporated through the Human Rights Act 1998). EU law was a source until 2020.
Three main jurisdictions exist: England and Wales, Northern Ireland, and Scotland. Each has its own legal systems, but legislation from Westminster often applies similarly. The UK Supreme Court is the final appeal court for all.
Parliament, the sovereign law-making body in England and Wales, is bicameral (House of Commons and House of Lords). The House of Commons is elected, while the House of Lords has appointed or inherited members. Both bodies are involved in enacting legislation.
Legislation development typically involves a consultation process: green paper, white paper, draft bill, debate, amendments, and Royal assent.
Valid Acts of Parliament (AOP) have precedence over case law. Legislation can also override inconsistent common law.

Common Law and Statute

Common law (judge-made law) is derived from precedent and custom, originating from King Henry II. The doctrine of stare decisis (following precedent) is fundamental.
It encompasses both substantive rules (e.g., murder) and procedural rules.
Common law rules can be superseded by legislation or “trumped” by it.
Common law offences are now often defined and governed by statutes (e.g., theft).
Judges cannot fundamentally change out-dated laws codified in statutes; only Parliament can. Law Commissions typically research and recommend reforms.

Primary and Secondary Legislation

Primary legislation includes Acts of Parliament. These are written laws expressing the mandate of the people.
Secondary legislation (statutory instruments) are detailed rules created under the authority of an Act. They are made by ministers or other bodies within the power granted by primary legislation to fill in the detail of Acts.
Many statutory instruments come into force automatically. Others are subject to parliament debate and annulment within a set period.

Devolved Legislation

Devolution transferred powers to the Scottish Parliament, the Welsh Assembly, and the Northern Ireland Assembly.
The legislative scope differs for each, but they are bound by the UK Parliament for much legislation.

Courts and Common Law

Case law, established by courts, is often the main source of legal principles.
Common law jurisdictions (e.g., England and Wales) have relied heavily on decisions in individual cases to establish fundamental rules, not necessarily through explicit Parliamentary Acts.

European Union Law (pre-2020)

EU law was a major legal influence until the UK withdrew in 2020.
EU law is now irrelevant in the UK system due to the UK's withdrawal from the EU.
The EU (Withdrawal) Act 2018 created "retained EU law" which maintained consistency post-Brexit.

Retained EU Law and the 2023 Act

The Retained EU Law (Revocation and Reform) Act 2023 changed retained EU law to "assimilated law".
This Act removed the supremacy of EU law and removed EU principles from interpreting legislation. It also modified the role of the courts regarding interpreting EU-derived legislation.

European Convention on Human Rights (ECHR)

The ECHR (and the Council of Europe) are separate from the EU. The UK was bound by the ECHR even after Brexit.
The Human Rights Act 1998 (HRA) incorporated ECHR into UK law.
This Act allows citizens to pursue human rights claims in UK courts.
The European Court of Human Rights (ECtHR) sits in Strasbourg.

Human Rights Act 1998 (HRA) operation

Section 2 requires courts to consider ECtHR decisions.
Section 3 demands interpreting legislation to comply with Convention rights when possible.
Section 4 allows courts to declare legislation incompatible with Convention rights.
Section 6 makes it unlawful for public authorities to act in ways incompatible with the Convention.
Sections 10, 19 provide for legislative amendments and government declarations of Convention compatibility.

Parliamentary Sovereignty and Amendments

The HRA balances human rights with parliamentary sovereignty.
Courts cannot invalidate legislation but can alert Parliament of potential breaches.

Comparison with Civil Law Systems

England and Wales primarily use statutes and common law, while civil law systems (e.g., France) primarily rely on codified legislation (e.g., Civil Code). Case precedent is different in force.

International Law and Dualism

International law generally does not automatically become UK law; it must be incorporated through an Act.
The dualist system contrasts with civil law systems where these treaties automatically become part of domestic law.

Law Reform and Law Commissions

Law Commissions review and recommend reforms to UK law.
Although recommendations are made, it is up to Parliament to implement them.

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Description

This quiz explores the various sources of law in the United Kingdom, including legislation, judicial decisions, and international conventions. It also covers the structure of Parliament and the distinct legal jurisdictions within the UK. Test your understanding of these foundational legal concepts!