Primary Sources of Law 1: Legislation

Question 1

Name some ‘Constiturional Provisions.’

Answer 1

• Bill of Rights 1689: Relationship between King and Parliament
• Act of Settlement 1701:
• Treaty of Union 1707:
• Treaty of Rome 1857: (European Communities Act 1972) Piece of legislation that allowed UK to become members of the EU.
• Scotland Act 1998:
• European Union (Withdrawal) Act 2018

Question 2

What is the most authoritative rule of law?

Answer 2

(primary) Legislation, acts of Parliament (written law)

Question 3

What can’t be challenged?

Answer 3

Primary Legislation

Question 4

Name some examples of ‘Primary Legislation’

Answer 4

• 14th century-1707: Acts of the Parliament of Scotland (“APS”)
• 1707-1800: Acts of the Parliament of Great Britain

-1800 to date: Acts of the Parliament of the United Kingdom:
Public General Acts
Local Acts
Private Acts

-Legislation from the European Union
Regulations
Directives
Decisions

-Acts of the Scottish Parliament (“ASP”)
Not subordinate legislation, but sui generis: AXA Insurance, Petrs 2011 SLT 1061; [2011] UKSC 46

Question 5

Name some ‘Secondary Legislation’

Answer 5

-Statutory Instruments (“SIs”)
Including Scottish Statutory Instruments (SSIs)

-Acts of Sederunt
Rules of Court

• Acts of Adjournal
• Orders in Council