Intro - Common & International Law Flashcards
1
Q
What does Common Law comprise of?
A
a set of rules and principles
- have been recognised by courts over time
- requirements tend to evolve over time as political & social circumstances change
2
Q
Where is common law prevalent?
A
- private law
- constitutional law -> very significant part
- administrative law -> central doctrines
3
Q
Where is common law in the hierarchy?
A
- common law is below primary legislation
- BUT
4
Q
- Can common law deem that a higher power is unlawful?
- Where has this been seen? (3 cases)
A
- Yes
- a statutory instrument or exercise of statutory power that violates common law rights will be found unlawful
- Case of Proclamations
- De Keyser’s Royal Hotel
- Ex p Fire Brigades Union
5
Q
What does common have an impact on? Examples?
A
- how statutes are interpreted
- e.g. principle of legality from common law -> maintains that rights recognised by common law may not be overridden by Executive unless authorised by clear statutory language or necessary implication
- Ex p Simms [2000]
- Ex p Pierson [1998]
6
Q
What happens to International treaties?
A
- they are ratified by Government under prerogative powers
- then are laid before Parliament before taking effect -> by convention and under Constitutional Reform and Governance Act 2010
7
Q
What are the 2 types of treaties you can have?
A
incorporated vs unincorporated
8
Q
What is the European Convention on Human Rights 1953?
A
- Britain’s Bill of Rights
- international treaty
- incorporated by Human Rights Act 1998
9
Q
What is the EU acquis?
A
- also known as acquis communautaire
- collection of laws, rights and obligations that make up European Union’s legal system
- EU treaties and vast number of regulations and directives produced by EU
- this is a large part of UK law -> incorporated by European Communities Act 1972
