W2: Introduction to the legal system Flashcards
What are the four different sources of law?
The constitution
Legislation
European Law
International Law
What is the UK constitution?
The UK constitution if flexible, is not a written document as it is in America. This allows the constitution to be adapted. This means it is an Unwritten Constituion meaning there is not a single document that sets out the rights of individual citizens and how they should be recognised by the government.
Is Unitary as the House of Parliament acts as the supreme source of authority.
Is made of some written laws and unwritten constitutional conventions.
What are constitutional conventions?
Not written in law but are assumed common and good practice, standard of behaviour that are not legally biding so can be dispensed without formal procedure. Are mainly traditional. Behaviours from these values are considered binding
For example, the monarch signing off any parliamentary bills.
What are the three separate legal systems within the UK?
England and Walse
Scotland
Northern Island.
What is the system of governance within the UK?
A parliamentary system of governance, with the palace of Westminister (Lords and Commons) being the Supreme Legislative Body..
Parliamentary System means representatives are elected, the party with the most members in the House of Commons then elected Prime Minister.
Who is the Head of State? What is their role?
The Monarch.
Wholly ceremonial role with no political authority.
What does the Doctrine of Supremacy of Parliament mean?
Gives Parliament the Supreme Legislative Body position, means the courts can not change a decision made by parliament and no parliament can make a law that a following parliament can not change.
What is common law?
Law is created by the interpretation of case law legislation or legal principles by judges in law courts. not written.
What is case law?
Law based on the interpretation of judges in cases previously.
What is the Royal Perogative?
Remaining power of the monarch, including head of security, armed forces and defence of the realm.
What makes up the UK parliamentary system?
The Speaker - impartial in decision making
House of Commons - elected by the public
House of Lords - life peers appointed by the monarch under advice from the PM and relevant legislation.
What are the three different state structures and what do they contain?
Executive: Monarch, PM, cabinet ministers, civil service, police force and armed forces.
Legislative: Monarch, house of commons and house of lords
Judiciary: Monarch, judges and magistrates.
What is a Public/government bill?
One that seeks to change a law that concerns the general public at Large, they are adopted by the PM and cabinet into the governments legislative programme.
What is a private members/non-government bill?
Raised by an individual MP, tabled to MPs on Order of Business, may have personal, corporate or regional interest.
What is the legislative procedure for a bill to become an act?
First reading - title is published and first read
Second reading - main debate around content
Committee stage - examined in detail and amendments made.
Report stage - vote on amendments
Proceedings in the house of lords - may make amendments and send back to house of common twice
Royal assent - becomes an act.
