Sources of Law Flashcards
1
Q
What are the three major sources of Law ?
A
- Legislation
- Equity
- Precedent
2
Q
What are the three minor sources of Law
A
- Prerogative
- Institutional Writers
- Custom
3
Q
Describe Legislation.
A
‘Formally created law’.
E.g. Acts of Parliament, Acts of Scottish Parliament and Delegated Legislation.
4
Q
Describe Equity.
A
Based upon the principal that the rigid application of legal rules can sometimes result in unfair outcomes, therefore adjustments must be made.
5
Q
Describe Precedent.
A
‘Judge-made law’ or ‘Case law’
6
Q
Provide an example of an authority exercising their prerogative.
A
- The appointment of the Prime Minister
- Declaring War
- Appointing a cabinet
7
Q
Which Act of Parliament declared that EU Law Supremacy would no longer apply domestically, and any assimilated provisions must be interpreted in such a way that is compatible with domestic law.
A
EU (Withdrawal) Act 2018
