public law Flashcards
What is common law?
Common Law is judge made law.
What takes precedents Equity or common law?
Equity takes more precedent over common law as settled by king Charles 2nd.
What type of law classification are there?
There is:
- Civil and Criminal
- Public and Private
- Common law and Civil law
What is the doctrine of “Separation of power”
Separation of power is, power can not be held in the hands of a man or body rather it must be separated between the 3 organs of government to ensure accountability.
What is “Parliamentary sovereignty” ?
The term “Parliamentary sovereignty” means, Parliament is the ultimate source of law and it can pass any law on any subject it wishes. It also means the courts can not challenge the Acts of Parliament and a prior Parliament can not bind its successors.
What is “Legal sovereignty”?
Legal sovereignty gives immunity to the Act of Parliament from being struck down however it does not apply for delegated acts.
Does legal sovereignty apply to what goes on in Parliament?
The answer is no:
Legal sovereignty applies to the Act of Parliament not what goes on such the speech. This makes the speech unenforceable.
What are the components of government?
There are 3 components of government:
- Executive: The government
- Legislative: Parliament
- Judicary: The courts
What is the role of the Judiciary?
The role of the judiciary is to interpret the will of parliament and settle disputes.
What is the role of Parliament?
The role of Parliament is to make legislation that makes laws for the country.
What is the role of Parliament?
The role of Parliament is to make legislation that makes laws for the country.
What is the role of the executive?
The role of the executive is implement the acts of Parliament as well as create policies in national and international interest.
