Podcast
Questions and Answers
What is the primary purpose of the Separation of Powers in the English legal system?
What is the primary purpose of the Separation of Powers in the English legal system?
- To consolidate power in the hands of one branch
- To prevent abuse of power by dividing authority among branches (correct)
- To establish a hierarchy between the branches of government
- To ensure equal representation for all branches
What does Parliamentary Sovereignty imply in the context of the English legal system?
What does Parliamentary Sovereignty imply in the context of the English legal system?
- Parliament cannot change laws that protect human rights
- Parliament can create laws but is limited by judicial interpretations
- Parliament is the highest legal authority capable of enacting and repealing any law (correct)
- Parliament's authority is subordinate to that of the European Union
Which statement best describes the unwritten constitution of the United Kingdom?
Which statement best describes the unwritten constitution of the United Kingdom?
- It consists of statutes, judicial decisions, and conventions (correct)
- It is organized in a single document outlining all laws
- It has been replaced by a written constitution
- It is predominantly based on international treaties
Who developed the concept of the Rule of Law in the English legal system?
Who developed the concept of the Rule of Law in the English legal system?
What is one significant impact of the Human Rights Act (1998) on English law?
What is one significant impact of the Human Rights Act (1998) on English law?
Which principle states that no punishment can be enforced without a corresponding law?
Which principle states that no punishment can be enforced without a corresponding law?
What historical event significantly contributed to the evolution of Common Law in England?
What historical event significantly contributed to the evolution of Common Law in England?
Which act emphasizes the significance of the rule of law in governance?
Which act emphasizes the significance of the rule of law in governance?
What is one of the primary criticisms of delegated legislation?
What is one of the primary criticisms of delegated legislation?
What is a concern associated with the use of 'Henry VIII clauses'?
What is a concern associated with the use of 'Henry VIII clauses'?
What does the overuse of delegated legislation often extend beyond?
What does the overuse of delegated legislation often extend beyond?
What is a potential issue with sub-delegation of delegated legislation?
What is a potential issue with sub-delegation of delegated legislation?
Why are the mechanisms meant to control delegated legislation often seen as ineffective?
Why are the mechanisms meant to control delegated legislation often seen as ineffective?
Which court is the highest court of appeal in the UK?
Which court is the highest court of appeal in the UK?
What is one characteristic of the Privy Council?
What is one characteristic of the Privy Council?
How can the Supreme Court change its previous decisions?
How can the Supreme Court change its previous decisions?
Which division of the Court of Appeal can depart from its own previous decisions to prevent an unjust outcome?
Which division of the Court of Appeal can depart from its own previous decisions to prevent an unjust outcome?
What role do Magistrates’ Courts play in the UK legal system?
What role do Magistrates’ Courts play in the UK legal system?
What main function does the High Court serve in the judicial hierarchy of the UK?
What main function does the High Court serve in the judicial hierarchy of the UK?
What is a limitation of the negative resolution procedure in delegated legislation?
What is a limitation of the negative resolution procedure in delegated legislation?
What is one potential disadvantage of delegated legislation?
What is one potential disadvantage of delegated legislation?
Which mechanism allows the House of Lords to change its previous decisions?
Which mechanism allows the House of Lords to change its previous decisions?
In R v Dica (2004), which new liability was created by the Court of Appeal?
In R v Dica (2004), which new liability was created by the Court of Appeal?
What is the primary purpose of delegated legislation?
What is the primary purpose of delegated legislation?
Which type of delegated legislation is most commonly used?
Which type of delegated legislation is most commonly used?
How do judges contribute to the evolution of law in the context of ambiguous precedents?
How do judges contribute to the evolution of law in the context of ambiguous precedents?
What role does Parliament have in controlling delegated legislation?
What role does Parliament have in controlling delegated legislation?
In the case of Airedale NHS Trust v Bland (1993), what was the primary concern for the judges?
In the case of Airedale NHS Trust v Bland (1993), what was the primary concern for the judges?
Which term describes the legislation made by bodies other than Parliament under its authority?
Which term describes the legislation made by bodies other than Parliament under its authority?
What is a common criticism of delegated legislation?
What is a common criticism of delegated legislation?
What was the outcome of the House of Lords' decision in C (A Minor) v DPP (1995)?
What was the outcome of the House of Lords' decision in C (A Minor) v DPP (1995)?
What is the purpose of consultation in the context of delegated legislation?
What is the purpose of consultation in the context of delegated legislation?
What impact does the flexibility of delegated legislation have on lawmaking?
What impact does the flexibility of delegated legislation have on lawmaking?
What is one way judges may avoid following precedents?
What is one way judges may avoid following precedents?
Which statement best describes the traditional view of judges in the English legal system?
Which statement best describes the traditional view of judges in the English legal system?
In what way do judges contribute to the evolution of case law?
In what way do judges contribute to the evolution of case law?
What is a disadvantage of judicial law-making through case law?
What is a disadvantage of judicial law-making through case law?
Which case exemplified a significant judicial decision regarding the withdrawal of life support?
Which case exemplified a significant judicial decision regarding the withdrawal of life support?
What is one advantage of using case law as a source of legal principles?
What is one advantage of using case law as a source of legal principles?
How do judges exercise discretion in the English legal system?
How do judges exercise discretion in the English legal system?
What concern arises from the judicial law-making process?
What concern arises from the judicial law-making process?
Which of the following is NOT a key area in which judges make law?
Which of the following is NOT a key area in which judges make law?
What role do judges play in shaping the law regarding negligence as a tort?
What role do judges play in shaping the law regarding negligence as a tort?
Which source of law is considered the most authoritative in the English legal system?
Which source of law is considered the most authoritative in the English legal system?
What term describes the part of a judicial decision that establishes binding precedent?
What term describes the part of a judicial decision that establishes binding precedent?
What does the 'declaratory theory' as per William Blackstone suggest?
What does the 'declaratory theory' as per William Blackstone suggest?
How does delegated legislation function within the legal system?
How does delegated legislation function within the legal system?
Which of the following best illustrates judicial activism?
Which of the following best illustrates judicial activism?
What is a significant drawback of the complexity of case law?
What is a significant drawback of the complexity of case law?
What impact did Brexit have on EU legislation in the UK?
What impact did Brexit have on EU legislation in the UK?
Which of the following is an example of judges updating legal doctrines?
Which of the following is an example of judges updating legal doctrines?
Which of the following is a characteristic of customary law?
Which of the following is a characteristic of customary law?
What is the primary source of law in the English legal system?
What is the primary source of law in the English legal system?
What type of law did equity primarily aim to address?
What type of law did equity primarily aim to address?
Which concept allows judges to interpret law while making decisions?
Which concept allows judges to interpret law while making decisions?
Which of the following is an example of delegated legislation?
Which of the following is an example of delegated legislation?
What is the primary role of international treaties in the UK legal system?
What is the primary role of international treaties in the UK legal system?
Which part of a judicial decision typically does not create binding precedent?
Which part of a judicial decision typically does not create binding precedent?
What is meant by the term 'parliamentary sovereignty' in the UK?
What is meant by the term 'parliamentary sovereignty' in the UK?
Which source of law plays a significant role in interpreting existing legal frameworks?
Which source of law plays a significant role in interpreting existing legal frameworks?
What is a common criticism of using case law as a source of law?
What is a common criticism of using case law as a source of law?
What follows the principle of 'stare decisis' in English law?
What follows the principle of 'stare decisis' in English law?
Flashcards
What is a Constitution?
What is a Constitution?
The system of rules that governs the structure and operation of the government, and the relationship between the government and individuals.
What makes the UK's Constitution unique?
What makes the UK's Constitution unique?
Unlike many countries with a single written document, the UK's constitution is composed of statutes, judicial decisions, and conventions.
What is Separation of Powers?
What is Separation of Powers?
The principle that the power of the government is divided into three branches: the executive, the legislative, and the judicial.
What is Parliamentary Sovereignty?
What is Parliamentary Sovereignty?
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What is the Rule of Law?
What is the Rule of Law?
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What is Equity?
What is Equity?
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What is Law Merchant?
What is Law Merchant?
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What were the 19th Century Reforms in English Law?
What were the 19th Century Reforms in English Law?
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Case Law (Judicial Precedent)
Case Law (Judicial Precedent)
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Interpreting and Applying Law
Interpreting and Applying Law
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Judicial Review
Judicial Review
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Developing Legal Doctrines
Developing Legal Doctrines
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Certainty and Predictability
Certainty and Predictability
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Practicality
Practicality
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Flexibility
Flexibility
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Complexity
Complexity
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Rigidity
Rigidity
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Unpredictability
Unpredictability
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Lack of Systematic Progress
Lack of Systematic Progress
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Judicial Overreach
Judicial Overreach
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Stare Decisis
Stare Decisis
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Judges and Law-Making
Judges and Law-Making
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Case Law's Importance
Case Law's Importance
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Ratio Decidendi
Ratio Decidendi
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Obiter Dicta
Obiter Dicta
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Acts of Parliament (Statute Law)
Acts of Parliament (Statute Law)
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Delegated Legislation
Delegated Legislation
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EU Legislation
EU Legislation
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Customary Law
Customary Law
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Equity
Equity
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International Treaties
International Treaties
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How Judges Decide Cases
How Judges Decide Cases
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Legal Textbooks and Academic Commentary
Legal Textbooks and Academic Commentary
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Case Law
Case Law
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Rule of Law
Rule of Law
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Statutory Interpretation
Statutory Interpretation
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Parliamentary codification of case law
Parliamentary codification of case law
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Judicial discretion in precedent
Judicial discretion in precedent
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Judicial role in social issues
Judicial role in social issues
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Flexibility in case law
Flexibility in case law
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Judicial law-making: R v Dica (2004)
Judicial law-making: R v Dica (2004)
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Efficiency of delegated legislation
Efficiency of delegated legislation
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Technical expertise in delegated legislation
Technical expertise in delegated legislation
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Local needs in delegated legislation
Local needs in delegated legislation
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Flexibility of delegated legislation
Flexibility of delegated legislation
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Statutory Instruments
Statutory Instruments
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Bye-laws
Bye-laws
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Orders in Council
Orders in Council
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Consultation in delegated legislation
Consultation in delegated legislation
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Publication of delegated legislation
Publication of delegated legislation
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Lack of Democratic Involvement in Delegated Legislation
Lack of Democratic Involvement in Delegated Legislation
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Overuse of Delegated Legislation
Overuse of Delegated Legislation
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Sub-delegation in Delegated Legislation
Sub-delegation in Delegated Legislation
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Lack of Effective Control of Delegated Legislation
Lack of Effective Control of Delegated Legislation
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Supreme Court
Supreme Court
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Privy Council
Privy Council
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Court of Appeal
Court of Appeal
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Crown Court
Crown Court
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Magistrates' Courts
Magistrates' Courts
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County Court
County Court
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Court of Justice of the European Union (CJEU)
Court of Justice of the European Union (CJEU)
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Organization of Courts and Hierarchy
Organization of Courts and Hierarchy
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Study Notes
History of English Law
- Evolved from Anglo-Saxon customs and the Norman Conquest.
- Royal judges combined local customs into common law after 1250.
- Equity developed in the Court of Chancery for fairness in legal decisions.
- Law Merchant integrated in the 17th and 18th centuries.
- 19th-century reforms included reducing capital punishment.
Constitution
- Set of rules detailing government structure.
- Unwritten constitution, formed from statutes, judicial decisions, and conventions, not a single document.
- Key principles include separation of powers, parliamentary supremacy, and the rule of law.
Separation of Powers
- Divides power into three branches—executive (government), legislative (Parliament), and judicial (judges)—to prevent abuse.
- Ensures no one branch holds absolute power.
Supremacy of Parliament
- Parliament's ultimate legal authority; courts must enforce its laws.
- Human Rights Act (1998) incorporates European Convention on Human Rights, but doesn't override Parliament's sovereignty.
- EU laws previously took precedence over UK law in some areas.
- Powers devolved to Scotland, Wales, and Northern Ireland.
Rule of Law
- Dicey's three principles:
- No punishment without law.
- Law applies equally to everyone.
- Individual rights protected by judges.
- Modern application: Government must use power according to agreed laws.
Recent Constitutional Changes
- Constitutional Reform Act 2005 emphasized the importance of the rule of law.
Sources of Law in the English Legal System
- Primary sources: case law, Acts of Parliament (statutes), delegated legislation, EU legislation, and custom.
Case Law (Judicial Precedent)
- Binding precedent: Judges follow rulings from similar past cases (stare decisis).
- Ratio decidendi: The legal reasoning in a judgment, binding on future cases.
- Obiter dicta: Judge's additional comments, not binding.
- Developed from medieval royal justice system, unifying common law by 1250.
Acts of Parliament (Statute Law)
- Primary source of law, with supreme authority.
- Statutes (laws) can be general or specific, overriding case law.
- Parliament's sovereignty means statutes are not overridden.
Delegated Legislation
- Secondary legislation made by individuals/bodies authorized by Parliament.
- Implements statutory provisions with greater detail.
- Examples: health and safety regulations, environmental standards, local government powers.
EU Legislation
- Pre-Brexit, EU law had precedence over UK Acts of Parliament in certain areas.
- The European Union (Withdrawal) Act 2018 incorporated EU law into UK domestic law.
- Post-Brexit, EU laws no longer automatically apply.
Customary Law
- Traditional practices accepted as legally binding.
- Less important than written statutes and case law.
Equity
- Developed alongside common law to provide fairness.
- Supplementary remedies like trusts, injunctions, and specific performance.
- Distinction between common law and equity largely abolished in procedure, but equitable principles remain influential.
International Treaties
- Influence domestic law, particularly in international cooperation areas.
- ECHR incorporated into domestic law through the Human Rights Act 1998.
Other Sources
- Legal textbooks, academic commentary, and judicial review of executive action are also important.
How Judges Decide Cases
- Rely on precedent and statutory interpretation to decide disputes.
- May distinguish cases, overrule precedents, or reverse lower court judgments.
- An element of judgment and discretion exists.
Judicial Law-Making: Pros and Cons
- Advantages:
- Certainty & predictability from using precedent.
- Adaptable nature of precedent from changing circumstances.
- Practicality to develop detailed legal rules from specific cases.
- Disadvantages:
- Volume of case law can be complex & difficult to navigate.
- Rigid adherence to outdated legal principles.
- Unpredictable outcomes of cases.
Judicial Law-Making and Separation of Powers
- Judges play a role in shaping the law, particularly when statutes are vague.
- Courts are not the primary lawmakers, but their role is crucial, especially in areas where Parliament hasn't fully acted.
Judges and Law-Making
- Judges "make" law by developing case law and precedents.
- Important in areas like contracts and torts where case law is fundamental.
- Decisions in areas with little legislation or vague statutes shape the law.
Delegated Legislation: Organization
- Statutory Instruments: Common form, detailed rules under Acts of Parliament.
- Bye-laws: Made by local authorities for local issues.
- Orders in Council: Issued by the Privy Council for special circumstances.
Control of Delegated Legislation
- Mechanisms to ensure delegated powers are used appropriately:
- Parliament's oversight.
- Publication of delegated legislation.
- Consultation with stakeholders.
- Review mechanisms for delegated legislation.
Advantages and Disadvantages of Delegated Legislation
- Advantages:
- Speed for enacting quick changes.
- Expertise for technical areas.
- Flexibility for adapting to changing needs.
- Disadvantages:
- Limited democratic scrutiny for delegated measures.
- Potential for abuse of powers.
Criticism of Delegated Legislation
- Concerns:
- Lack of democratic involvement in delegated legislation creation.
- Overuse of delegated legislation for significant policy changes.
- Risks of sub-delegation to other bodies.
- Inadequate control mechanisms.
Organization of Courts and Hierarchy
- Hierarchy helps determine the authority of court decisions.
- CJEU (former EU influence)
- Supreme Court (highest appellate court)
- Court of Appeal
- High Court: Queen's Bench, Chancery, and Family Divisions
- Crown Court
- Magistrates' Courts
- County Court
- ECtHR.
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