development of case law Flashcards
what is the doctrine of Habeas corpus
‘you cannot be detained, and deprived of your freedom, unless the law
allows it.’
What is the scope of Parliament’s freedom to make laws?
Parliament has the freedom to make laws of any kind, regardless of whether they are unfair, unjust, or practically impossible to enforce
Can UK courts or international courts declare an Act of Parliament invalid?
No, under English law, neither UK courts nor international courts have the power to declare an Act of Parliament invalid.
What happens in the event of a conflict between a statute and another kind of law?
Statute prevails in the event of a conflict with any other kind of law.
Can Parliament bind its successors?
No, Parliament cannot bind its successors. A later Parliament can always repeal or change the Acts of its predecessor, regardless of any wording intended to prevent repeal.
What are Statutory Instruments (SIs)?
Statutory Instruments (SIs) are a form of secondary, subordinate, or delegated legislation created by ministers and civil servants under the authority of a “parent” Act of Parliament. They require no discussion in Parliament to become law.
What are the advantages of Statutory Instruments?
- Efficient for making quick updates or detailed regulations.
- Allow the legal system to remain responsive and flexible.
What are council byelaws?
Local laws made by local councils under an enabling provision granted by an Act of Parliament. they are designed to address Issues specific to a local area, such as open spaces, parks, burial grounds, and marketplaces
Are byelaws accompanied by sanctions?
Yes, they usually include penalties or punishments for non-compliance
Can byelaws take effect immediately after being made by a council?
No, they must be confirmed by the appropriate minister before taking effect. this ensures they comply with the broader legal framework and are reasonable.
What are Public Bills?
Public Bills address issues affecting the general population.
What are the two main categories of Public Bills?
- Government Bills
- Private Members’ Bills (PMBs)
What are Government Bills?
Bills introduced by a government minister as part of the government’s legislative program, either planned or responding to emergencies.
What are Private Members’ Bills (PMBs)?
Non-government-sponsored bills introduced by backbench MPs, often with limited parliamentary time and lower chances of becoming law.
What is the purpose of Private Members’ Bills?
- To raise awareness about specific issues .
- To address issues with broad public interest, especially if they attract government support.
What are Private Bills?
Private Bills affect specific individuals, organizations, or localities rather than the general public.
What are Hybrid Bills?
Hybrid Bills combine elements of both Public and Private Bills, addressing issues relevant to both the general public and private or commercial organizations.
What triggers the creation of primary legislation?
- Manifesto pledges
- Administrative needs
- Societal change
- Crisis management
what is ‘Manifesto Pledges/Vote-Seeking’ trigger
Laws are created as part of promises made by political parties during their election campaigns
what is the ‘Administrative and technical matter’ trigger?
When laws are created to deal with routine or technical administrative tasks necessary for the functioning of government and public services e.g., The Finance act.
what is the ‘Societal Change’ trigger?
Laws created to address changes in society, reflecting concerns from the public. These laws often respond to evolving and environmental, or economic factors.
what is the ‘Crisis Management’ trigger
Crises, whether sudden or unforeseen, can prompt the creation of new legislation to manage urgent issues or threats to national security, public health, or safety.
What is codification in legislation?
Codification is where all the law on some topic, which may previously have been covered by
common law, custom and even statute(s), is brought together in one new statute
What can codification do to pre-existing law?
Codification may change the pre-existing law.
