Sources of law in England & Wales Flashcards
What is a statute?
In the UK, statute is the primary source of legislation. It is produced by Parliament and is formally known as Acts of Parliament.
What is the structure of an Act of Parliament? (summary)
- Long title
- Citation
- Short title
- Date of Royal Assent
- Preamble
- Part
- Section
- Marginal notes
- Subsection
- Extent provisions
- Enabling provisions
What is the short title?
The short name given to the Act which is most commonly used to refer to it e.g. Offensive Weapons Act (2019).
What is the citation?
UK Public General Acts are Chapter Acts and are given a chapter number - this forms the method of citation e.g. the Offensive Weapons Act (2019) citation is 2019 c.17.
What is the long title?
Usually describes its purpose and can be an aid to interpretation e.g. ‘an Act to make provision for, and in connection with, offences relating to offensive weapons.
What is the date of Royal Assent?
The date the Act became an Act rather than a Bill.
What is the preamble?
A fixed block of text, conferring the authority of the Crown upon the Act, making it law, and reads as follows: ‘BE IT ENCACTED by the [Monarch’s] most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and the Commons, in this present Parliament assembled, and by the authority of the same, as follows:’
What are marginal notes?
Short notations which may appear above or alongside each section of an Act and which give insight into what the provision is about. Internal aids to interpretation.
What are extent provisions?
Extent provisions define the situations in which a law applies (geographical or otherwise).
What are enabling provisions?
Sometimes an Act’s provisions are deferred from being in force until the relevant minister produces regulations giving that provision effect.
What are statutory instruments?
An Act may make provision for another body, with its consent, to provide regulations to give practical effect to the Act - also known as secondary legislation.
What are international treaties?
Royal prerogative allows the executive to bind the UK to the rules of international treaties (binding agreements between different national governments).
What is case law?
Once a point of law has been determined at a binding court level, the determination becomes part of the ‘common law’ - giving senior judges a law-making role that is outside the direct control of Parliament.
What are works of authority?
An example is leading textbooks. Works of authority can be used as an aid to interpretation, but they are used more frequently in civil law systems.
What are conventions?
A by-product of the uncodified parts of the constitution. They are given weight in the UK through acknowledgment of their existence, even though they are strictly speaking, non-binding.
