Lecture 1 Flashcards
1
Q
Separation of powers
A
- Executive powers (government)
- Judicial powers (Courts)
- Legislative powers (Legislature)
2
Q
Ratio decidendi
A
The rule of law on which a judicial decision is based
3
Q
Obiter dictum
A
Hypothetical situations
4
Q
Doctrine of precedent
A
An authoritative and binding decision in a case is used to decide a later case, with broadly similar facts.
5
Q
A proposition in one case will be binding in a later case if:
A
- It’s a proposition of law
- It’s part of the ratio decidendi of the earlier case
- Decided in a court binding the present court
- There are no relevant factual distinctions between the 2 cases
6
Q
Primary EU Law
A
European treaty articles
7
Q
Secondary EU Law
A
- Regulations (direct force in the member states, aims to produce uniformity in the EU laws)
- Directives (required to be transposed in the legal systems of the member states, seek to harmonise the laws of member states)
- Decisions (addressed and binding to specific member state)
8
Q
Factortame
A
Supremacy of the EU law
9
Q
Institutions of the EU
A
- European Council (overall impetus)
- Council of the EU (co-decision procedure)
- European Parliament (co-decision procedure)
- European commission (proposes legislation + draft budget)
- European Court of Justice
10
Q
Preliminary ruling
A
Can be requested by a country to the EU Court of Justice, so they can give their ruling and the hearing is continued using the interpretation of EU Law given by the EUCJ
11
Q
Opinio Juris
A
A belief that practice is legally required, not morally, not socially and not optional
