Sources of Law Flashcards
What is the primary source of law in the UK
The Primary Source of Law in the UK is legislation
Who creates legislation
Parliament creates legislation
What is the primary legislation
Acts of Parliament are primary legislations
What are Acts of Parliament
Acts of Parliament are laws formally enacted by Parliament
What is secondary legislation
Secondary legislation is where parliament delegates law making powers to other bodies
What are examples of delegated legislation
Examples of delegated legislation are:
- Statutory legislation
- Orders in Council
- Byelaws
What are statutory legislations
Statutory legislations are rules and regulations issued by government ministers
When are orders in council used
Orders in Council are used in emergencies when Parliament is not sitting
What are byelaws
Byelaws are laws made by local authorities and other public bodies
What is Common law
Common law refers to laws developed through judicial decisions
What is custom law
Custom law is historical traditions and unwritten laws that have influenced the development of the legal system
What does the ECHR protect
The ECHR protects fundamental human rights in member states
Who established the ECHR
The ECHR was established by the Council of Europe
What Act incorporated the ECHR into UK
The Human Rights Act 1998 incorporated the ECHR into the UK law
What did the European Union Act 2018 do to UK law
The European Union Act 2018 removed EU supremacy in the UK but retained certain EU laws
What is a bill
A bill is a proposed law
What are the different types of bills
The different types of bills are:
- Public bill
- Private bill
- Hybrid bill
Who do public bills apply to
Public bills apply to the entire population
What do public bills aim to change
Public bills aim to change general law
What are the different types of public bills
The different types of public bills are:
- Government bills
- Private member bills
Who introduces government bills
Government bills are introduced by government ministers
Who introduces private member bills
Private member bills are introduced by individual MPs or Lords
What does the Offence Against the Person Act 1861 define
The Offence Against the Person Act 1861 defines criminal offences
Who do private bills apply to
Private bills apply to specific individuals, organisations, or local authorities
Who can petition parliament to challenge a private bill
Affected groups can petition parliament to challenge a Private Bill
What do hybrid bills combine
Hybrid bills combine features of public and private bills
Who is delegated legislation made by
Delegated legislation is made by individuals or bodies under powers given to them by an Act of Parliament
What does delegated legislation allow for
Delegated legislation allows for technical details and updates to laws without requiring a full parliamentary process
What are the advantages of delegated legislation
Advantages of delegated legislation are:
- Time saving
- Expertise
- Flexibility
What are the disadvantages of delegated legislation
Disadvantages of delegated legislation are:
- Lack of scrutiny
- Risk of misuse
What does the Human Rights Act 1998 into UK law
The Human Rights Act 1998 incorporates most of the rights in the ECHR into UK law
What does section 3 of the Human Rights Act 1998 mean UK courts must do
Section 3 of the Human Rights Act 1998 means UK courts must interpret all laws in a way that is compatible with the ECHR
What is section 4 of the human rights act 1998
Section 4 of the Human Rights Act 1998 is declaration of incompatibility
When can courts issue a declaration of incompatibility
Courts can issue a declaration of incompatibility if law is incompatible8 with human rights
What is section 6 of the Human Rights Act 1998
Section 6 of the Human Rights Act 1998 is public bodies must act lawfully
How must public bodies act in the Human Rights Act 1998
Public bodies must act in a way that respects human rights
What is article 2 of the HRA 1998
Article 2 of the HRA 1998 is the rights to life
What does article 2 of the HRA 1998 prevent
Article 2 of the HRA 1998 prevents unlawful killings by the state
What is article 6 of the HRA 1998
Article 6 of the HRA1998 is the right to a fair trial
What does right to a fair trial ensure
Right to a fair trial ensures legal proceedings are just
What is article 3 of the HRA 1998
Article 3 of the HRA1998 is the freedom from torture
What does freedom from torture prohibit
Freedom from torture prohibits inhuman treatments
What is article 10 of the HRA 1998
Article 10 of the HRA1998 is the freedom of expression
What does the freedom of expression protect
Freedom of expression protects speech on opinions
What did the HRA 1998 strengthen
The HRA 1998 strengthened individual rights and judicial reviews
What dies the HRA 1998 allow UK judges to do
The HRA 1998 allows UK judges to interpret and enforce human rights directly
What is statutory interpretation
Statutory interpretation is the process by which courts interpret and apply legislation
What are the four main rules of statutory interpretation
The four main rules of statutory interpretation are:
- The Literal Rule
- The Golden Rule
- The Mischief Rule
- The Contextual Rule
What is the literal rule
The literal rule is where the court applies the dictionary meaning of the word
What is the principle of the literal rule
The principle of the literal rule is that Parliament is sovereign and courts shouldn’t create or modify laws
What are the advantages of literal rule
Advantages of literal rule are:
- Respects Parliamentary supremacy
- Provides legal certainty
What are the disadvantages of literal rule
Disadvantages of literal rule are:
- Can lead to unjust or absurd results
- Ignores Parliaments broader intention
When is the golden rule used
The golden rule is used when a strict legal interpretation would lead to an absurd or unjust outcome
What is the principle of the golden rule
The principle of the golden rule is that the court adapts the meaning of the word to avoid absurdity
What are the advantages of the golden rule
The advantages of the golden rule are:
- Avoid absurd outcomes from strict legal interpretation
- Provides flexibility while still respecting the wording of parliament
What are the disadvantages of the golden rule
The disadvantages of the golden rule are:
- No clear guidelines on when it should be applied
- Judges may make law rather than interpret it
What is the mischief rule
The mischief rule is when courts look at the purpose of the law and interpret it in a way that Parliament intended to fix the problem
Where does the mischief rule originate from
The mischief rule originates from Heydon’s case 1584
What must the judges consider after Heydon’s case 1584
After Heydon’s case 1584 judges must consider:
- What was the law before the statute passed
- What problem was Parliament trying to remedy
- What solution was provided
- What interpretation best achieves that solution
What are the advantages of the mischief rule
The advantages of the mischief rule are:
- Aligns law with parliaments intent
- Produces fair and just outcomes
What are the disadvantages of mischief rule
Disadvantages of mischief rule are:
- Gives judges too much discretion
- Less predictable than the literal rule
What is the contextual rule
The contextual rule is where the context and structure of statutes are used to interpret words
What are the two key principles of the contextual rule
The two key principles of the contextual rule are:
- Ejusdem Generis
- Noscitur a Sociis
What is Ejusdem Generis
Ejusdem Generis is where a general word follows specific words
What is Noscitur a Sociis
Noscitur a Sociis is where a word takes meaning from surrounding words
What are the advantages of the contextual rule
The advantages of the contextual rule are:
- Ensures coherence and consistency in legal interpretation
What are the disadvantages of the contextual rule
The disadvantages of the contextual rule are:
- May restrict the intended meaning too much
What do judges use to clarify statutes
Judges use aids to clarify statutes
What are the aids to statutory interpretation
The aids to statutory interpretation are:
- Intrinsic aids
- Extrinsic aids
What are intrinsic aids
Intrinsic aids are elements within the statute that helps in interpretation
What does the interpretation act 1978 provide
The interpretation act 1978 provides standard definitions for words in legislation
What external sources help interpret statutes
External sources that help interpret statutes are:
- Interpretation Act 1978
- Previous statutes
- Dictionaries and legal textbooks
- Official reports and explanatory notes
- Parliamentary debates
How can previous statutes help interpret statutes
Courts can refer to earlier law on the same subject to understand Parliament’s intent
How are dictionaries and legal textbooks be used
Dictionaries and legal textbooks are used to determine the ordinary meaning of words
How can official reports and explanatory notes be used
Reports from the Law Commission or Royal Commissions provide insight into legislative intent
How can Parliamentary debates be used
Parliamentary debates can be used to interpret statutes if the wording is ambiguous
