1.1 Different sources of law Flashcards
What are custom rules?
Rules that arise from community disapproval rather than formal punishment
Individuals may feel self-guilt if these rules are broken, leading to internal enforcement.
What happens when some custom rules are widely accepted?
They may ‘harden into rights’ and become law
This transition reflects the evolution of societal norms into formal legal standards.
What is the origin of early common law?
Developed out of customs that were commonly accepted
Common law reflects the practices and decisions of communities over time.
What is the UK Parliament composed of?
The monarch, the House of Commons, and the House of Lords
This structure is located in the Palace of Westminster.
What are laws passed by the UK Parliament called?
Acts of Parliament or statutes
These laws are formalized through the legislative process in Parliament.
Who primarily makes new laws in the UK?
The UK Parliament
Most new laws are created here, especially those attracting controversy.
How can statute laws be identified?
By their names, such as the Human Rights Act 1988
The title often indicates the law’s content or purpose.
What are devolved bodies in the UK?
Organizations to whom the UK Parliament has delegated law-making power
Examples include the Scottish Parliament, Welsh Government, and Northern Ireland Assembly.
What is an example of a law passed by local councils?
A by-law banning ball games in a park
Such laws typically apply only to specific geographical areas.
What does ‘common law’ refer to?
Laws developed by judicial decisions
These laws evolve from ancient customs and judicial precedents.
Give an example of a common law crime.
Murder
This crime has developed through judicial decisions rather than being defined in an Act of Parliament.
What are judicial decisions in common law referred to as?
Precedents
These decisions guide future cases and legal interpretations.
What did Lord Reid famously say about judges making law?
‘There was a time when it was thought almost indecent to suggest that judges make law - they only declare it’
This reflects a shift in understanding the role of judges in the legal system.
