2): Sources of Law Flashcards
What is the Doctrine of Judicial Precedent?
system of applying previous judicial decisions to decide future cases.
What is Stare Decisis?
principle that judges should interpret and apply the law consistently in similar cases by following past judicial decisions
What is Precedent?
judicial decision that establishes or develops a legal principle.
What are the four general principles of judicial precedent?
Principle 1: Courts must follow decisions of superior courts.
Principle 2: Courts are not bound by decisions of inferior courts.
Principle 3: Courts are bound by their own past decisions but superior courts may overrule them.
Principle 4: Courts below the High Court do not create precedents but must follow binding precedents from superior courts.
What is a Binding Precedent?
precedent that must be followed by lower courts.
Which courts set precedents?
Supreme Court, Court of Appeal, and High Court.
What is the role of the Supreme Court in precedent?
Highest court in the UK.
Hears cases of general public importance.
Binds all courts but can depart from its own decisions when necessary.
What is the role of the Court of Appeal in precedent?
- Bound by Supreme Court decisions.
- Binds all lower courts.
- Usually bound by its own past decisions, except when:
There are two conflicting past decisions.
A past decision was overruled by the Supreme Court.
A past decision was made per incuriam (through lack of care in applying the law).
What is the role of the High Court in precedent?
Bound by Supreme Court and Court of Appeal decisions.
Usually bound by its own past decisions, except for the same exceptions as the Court of Appeal.
Do Magistrates’ Court, County Court, and Family Court create precedents?
No, but they must follow superior courts
Is the Crown Court bound by its own decisions?
No, but past decisions may be persuasive.
Is the Privy Council binding on UK courts?
No, but its decisions are generally followed as persuasive.
Are European Court of Human Rights (ECHR) decisions binding on UK courts?
No, they are persuasive only, but must be considered.
Are Court of Justice of the European Union (CJEU) decisions binding post-Brexit?
No, UK courts are no longer bound by CJEU decisions.
What is primary legislation?
An Act of Parliament (statute)
most authoritative type of law.
What is secondary legislation?
Law made by government ministers/public bodies under powers given by an Act of Parliament
What are the three types of Bills?
Public Bills – Affect the general public (e.g., Government Bills, Private Members’ Bills).
Private Bills – Affect specific individuals/organisations.
Hybrid Bills – Affect the public but significantly impact certain individuals/organizations.
Where can Bills be introduced?
House of Commons or House of Lords.
How long can the House of Lords delay a Public Bill?
Up to one year.
Can the House of Lords delay Money Bills?
No, they cannot delay tax/spending bills.
When does a Bill become an Act of Parliament?
After it passes all legislative stages and receives Royal Assent from the Monarch
What are the eight stages of the legislative process?
First Reading – Bill introduced.
Second Reading – Debated, policy objectives discussed.
Committee Stage – Detailed examination.
Report Stage – Amendments debated.
Third Reading – Final vote in 1st House.
Bill sent to 2nd House – Repeats process.
Consideration of Amendments – Agreement between Houses needed.
Royal Assent – Bill becomes law.
What are the key components of an Act?
Royal Coat of Arms
Short Title – Common name of the Act.
Year & Chapter – Parliamentary numbering.
Long Title – Act’s purpose.
Enacting Formula – Confirms constitutional compliance.
Sections – Key content of the Act.
Schedules – Extra details at the end.
What are the four rules of statutory interpretation?
Literal Rule – Words given their ordinary meaning.
Golden Rule – Avoids absurd outcomes from literal meanings.
Mischief Rule – Courts interpret laws based on the problem intended to be fixed.
Purposive Approach – Courts interpret laws in line with Parliament’s purpose.
