Source of English Law Flashcards
Name the 3 branches of government in England and Wales.
1) The Legislature.
2) The Executive.
3) The Judiciary.
What is the legislature’s role in the constitution?
It is the legislature’s role in the constitution to make the law.
Who is the legislature? (3 Points)
Parliament is the legislature in the UK and is made up of:
1) the appointed or hereditary House of Lords.
2) the publicly elected Members of Parliament know collectively as the House of Commons.
What is Article 9 of the Bill of Rights? (2 Points)
Article 9 of the Bill of Rights affords legal immunity to members for what they say or do in proceedings in Parliament. This allows politicians the freedom to speak without fear of legal action.
What does Parliamentary Sovereignty mean? (3 Points)
Parliamentary sovereignty is a principle of the UK constitution. It makes Parliament the supreme legal authority in the UK which can create or end any law. Generally, the courts cannot overrule its legislation and no Parliament can pass laws that future Parliaments cannot change.
What is the Executive? (2 Points)
The executive is those who make the key decisions and run the country day to day. It is made up of the government and those that enforce law (eg. Police) In the UK system, the party with the most seats in the House of Commons is typically invited to form a government.
What is the Judiciary? (4 Points)
Independent Judges who interpreted the law and set precedence. Sometimes come into conflict with the Executive but by statute law, must act independently.
What is the highest form of law?
Statute law because of the supremacy of Parliament. Eg. Acts.
What is Secondary Legislation? (4 Points)
Made by a body or authority outside parliament using the powers conferred to them by a specific Act of Parliament (eg. Regulations) Governs complicated or technical areas which Parliament does not have time to deal with.
Why is case law an important source of law? (2 Points)
Case law sets judicial precedence for future cases, generally settled in litigation.
What is common law? (3 Points)
Common law, also known as case law, is a body of unwritten laws based on legal precedence established by the courts.
