LS system and sources

Question 1

what is primary legislation?

Answer 1

acts from parliament

Question 2

secondary legistlation?

Answer 2

statutory instruments done by the government ( a lot more of these )

Question 3

codified? uncodified?

Answer 3

everything written on one document ( usa example ) - not all in one document in different places and made in different ways ( Uk )

Question 4

where does common law come from?

Answer 4

from judicial decisions and rules of precedent, follow an adversarial process ( having d and c )

Question 5

civil law?

Answer 5

legislative decisions and legal codes, follow a inquisitorial process ( judge more active role and using rules ) common law more personal

Question 6

common law?

Answer 6

collections of decisions made by the courts - precedent

Question 7

E5?

Answer 7

a parallel system of principles and rules developed to deal with deficiencies and lack of flexibility in common law. - when common law fails people can petition to the king/passed to lord chancellor to decide on broader notions ( now heard in the court of chancery )

Question 8

maxim of equity? in E5

Answer 8

Idea of coming with no shady obligations and must come with good faith - must come to seek equitable outcomes in the spirit of fairness before the court

Question 9

remedies in common law

Answer 9

to be applied in common law is insufficient ( Is it either coercive ( obliges you to do something ) or non-coercive ( more of a sacrament ) remedies - eg discretionary of nature, specific performance, accounts of profits

Question 10

when equity and common law have collided

Answer 10

supreme court of judicature act 1873 , created a unified system between equity and common law in the high court

Question 11

time immemorial ? example?

Answer 11

In order to claim a right based on custom or practice, you must prove the right has existed since time immemorial.
Newhaven Port and Properties v East Sussex County Council [2015] UKSC 7:
Bathing in the Sea – The limitations of a custom that cannot be proven to have existed for time immemorial.

Question 12

books of authority?

Answer 12

Not made by courts or p made by people who collect the law together ( academics as well ) people who don’t make law but can be sited in court room a an update of what is going on in the law - internaitional treaties etc - not legally binding -

Question 13

international law?

Answer 13

jus cogen - latin for customary international law that develops the normative system of law - Fundamental principles (norms) of international law (e.g. prohibition of genocide, slavery and torture)

Question 14

international law and influence from international treaties.

Answer 14

*The Dualist Model – incorporation of international law requires domestic legislation.
Even if we sign a international treaty a a state the court can only apply it once p have passed legislation to influence a domestic level

Question 15

constitutional law ? examples?

Answer 15

used when the two laws apply to the same principle, which one would we use? only used in the court and it is up to them to decide what they want to interpret - amending the statute quickly
thoburn c Sunderland city council ( 2002 ) distinguished between ordinary and constitutional
manga carta 1215, bill of rights 1689

Question 16

hierarchy of norms?

Answer 16

top - constitutional
middle - ordinary/primary legislation (below as not enough p supremacy )
bottom - case law / common (below as p sovereignty courts can not challenge a statute )

Question 17

parliamentary sovereignty ?

Answer 17

the supremacy of acts of the p takes precedence over common law.