Nature of law Flashcards
Norms of behaviour are…
Developed over time, enforced by community and voluntary
What are three features of the law?
Can change instantly, must apply to everyone and be enforced by courts
What did the law develop out of…
Customs —-> common law —-> statute
Criminal: purpose, person, legal name, court, standard of proof, decision maker, verdict and power of court
Maintain and protect society through the state and CPS, prosecutor, magistrate’s, beyond reasonable doubt, magistrate judge and jury, guilty or acquitted, prison/community order or driving ban
Civil: purpose, person, legal name, court, standard of proof, decision maker, verdict and power of court
Uphold rights, affected individual, claimant, county or high court, balance of possibilities, judge (rarely jury),liable/not liable, award of damages/injunction or/performance of contract
What are the two main sources of law?
Custom and common
How is custom law composed?
Rules of behaviour, basis of common and historical
How is common law composed?
Basis of statute, unwritten comes from cases and precedent
Characteristics of statute law
Acts of parliament, grouping or sweeping changes, subject to interpretation from precedent
Dicey’s Elements…
Absence of arbitrary power from state, equality before law, supremacy of law
What were Von Hayek’s views?
The rule of law is weakened by economic intervention by the state
What were the views of Joseph Raz?
Judicial ind. guaranteed, principles of natural justice, courts power to review principles and clear rules for law making
Problems with Dicey view
Abstract, difficult to implement, overrule EU law, real equality impossible and parliament can grant arbitrary power
House of Commons Elements
Elected, constituencies, MP, general election every 5 years
Elements of House of Lords
None elected, 92 hereditary, 700 life, 26 senior bishops
