Sources of Law Flashcards
Name the sources of law
Statute
Statutory instruments (secondary legislation)
International treaty
Academic works
Conventions
Case law
Is statute a primary or secondary source of law?
Primary
How is an act structured?
Short title = short name
Long title = describes its purpose
Citation = chapter number
Preamble = Royal authority
Date of Royal Assent
Parts
Sections
Subsections
Marginal Notes
Extent Provisions
Enabling provisions
Can the long title be used as an interpretation aid?
Yes
What is the preamble
Fixed block of test conferring authority of the Crown upon the Act, making it law
What are marginal notes
Notes above or below a section which explains what a section is about.
What type of statutory evidence are marginal notes
Intrinsic evidence
What are extent provisions in a statute
Set out the extent to which provisions apply
What are enabling provisions
Confer authority on Ministers to make regulations giving effect to the act/provisions
What are statutory instruments
Secondary legislation made by the executive by power granted to them in statute to give practical effect to legislation
What type of Royal powers give binding effect to International Treaties
Royal Prerogative powers enable the executive (PM and Ministers) to bind UK to international treaties
What are conventions
Non-binding rules which are accepted by acknowledgement of existence
