L1 Introduction to Law Flashcards
Responsibilities of a pharmacist
- Dispensing
- RTS
- Supply of P & GSL
- Provide pharmaceutical advice
- Independent/supplementary prescribers
Regulation of pharmacists duties by
UK parliament legislation
EU law
Administrative law
Civil law (duty of care)
Definition of Law
regulation of human affairs and human relationships. Complex concept of rights, duties, rules, regulations, authority, morality, settling disputes
5 types of law
- Criminal - between the individual and the state
- Civil - relationships between individuals and torts
- Administrative law
- Judicial precedent - common law
- EU law
Tort
wrongful act for which someone can be sued for damages in a civil court of law. Includes libel, trespass, injury, whether intentional or by negligence.
Judicial Precedent
when a case is decided in higher courts, lower courts have to follow the decision. Judges can manipulate common law provided without waiting for parliament to enact legislation. Judges can subsequently be overruled.
Court of criminal law?
Magistrates/crown court
Court of civil law?
County/high court
Implementation of civil law?
Compensation and restitution of wrongs
Implementation of criminal law?
Apprehension and disposition
How does parliamentary law come into effect?
Green and white papers, private members bill, delegated legislation
Green papers
Consultative documents - what the government might do
White papers
firm proposals - what the government will do, given the acceptance of a parliamentary majority
Order of making a law
Consultation - consultative document - sponsored bill - house of commons - house of lords - final reading for house of commons - royal assent - statute book
Advantages of delegated legislation
Saving parliamentary time
Greater flexibility
greater speed of action and implementation in an emergency
Greater use of consultation with qualified and technical experts
How do we keep checks on delegated legislation?
Limitations imposed in enabling acts
Who has the responsibility of reviewing statutory instruments presented in parliment
Scrutiny committee of the house of commons
EU court of law, 5 institutions
Council of ministers The Comission The EU Parliment The Economic & Social committee European Court of Justice
Council of Ministers
decision making body rotated every 6 months
The Comission
concerned with implementation of treaties
The EU Parliment
gives opinion on Commission proposals
The Economic and Social Committee
represents social-economic groups
European Court of Justice
ensures implimentation
Regulations
become law in member states as the stand, no need for further implementation
Directives
binding on member states, must be enacted by national legislation
Decisions
binding on individuals or institutions to which they are addressed
Recommendations
advisory statments
The actions of the pharmacist are governed not only by legislation but also
by ethics and codes of practice
Ethics
professional rules pertaining to the norm, accepted by the majority of the profession. Systematic study of moral choices.
