Law/H&S general Flashcards
What is the structure of the UK legal system?
The UK legal system is based on common law and includes primary legislation, secondary legislation, case law, and European influences.
What is Primary Legislation?
Primary Legislation consists of laws made by Parliament, also known as Statutes.
Example: The Health and Safety at Work Act 1974 (HSWA) is an Act passed by Parliament.
What are the types of Primary Legislation?
Types of Primary Legislation include UK Acts of Parliament, Scottish Acts, Welsh Acts, and Northern Ireland Acts.
What is Secondary Legislation?
Secondary Legislation, or Delegated Legislation, consists of laws made by government ministers under the authority of an Act of Parliament.
Example: The Management of Health and Safety at Work Regulations 1999 were created under the Health and Safety at Work Act 1974.
What are the types of Secondary Legislation?
Types of Secondary Legislation include Statutory Instruments (SIs), Bylaws, and Orders in Council.
What is Case Law?
Case Law is law created by judges’ decisions in courts rather than Parliament. It includes binding precedent where lower courts must follow higher court decisions.
Example: The case of Donoghue v Stevenson (1932) established the duty of care in negligence law.
What is the hierarchy of courts in the UK?
The hierarchy of courts is: 1️⃣ Supreme Court, 2️⃣ Court of Appeal, 3️⃣ High Court, 4️⃣ Crown Court, County Court, Magistrates’ Court.
What was the influence of EU Law on UK law?
Before Brexit, UK law had to comply with EU regulations and directives. After Brexit, some EU laws were retained in UK law but can be changed by Parliament.
What is the Human Rights Act 1998?
The Human Rights Act 1998 incorporates the European Convention on Human Rights (ECHR) into UK law.
