Legal System of England and Wales - Introduction Flashcards
Primary legislation
Legislation made by parliament
Secondary legislation
Legislation made under the authorisation of Parliament
Short title
Acts can be cited as a short title if there is provision in the legislation to do so
Statutory instruments
Secondary legislation. Formed by an Act providing for another body, with its consent, to provide regulations to give practical effect to the Act.
International Treaties
Entered into under Royal Prerogative. Don’t require Act of Parliament
Case Law
Has binding or persuasive effect on future cases
Works of authority
Written by academics or other interested parties. Have no binding effect but aids to interpretation
Conventions
Not legally enforceable but expectations of how MPs, the Crown and others will act. Penalty is disapproval and criticism
Marginal notes of statute
Internal aid to interpretation
Executive
Prime Minister and Cabinet