Week 1 - Source of law, etc Flashcards
Common law and Equity Civil and Criminal Law
Definition of law
- system of rules
- sets boundaries of acceptable behaviour + prescribes sanctions for breaches of those boundaries… making significant contribution to preserving public order.
Institutions of legal system
- Legislature (Parliament)
- Executive
- Judiciary
Where do law comes from?
- UK Parliament
- Courts
- EU
- European Convention on Human Rights
- Historical sources/writers
- Welsh Assembly
Who did Parliament take power from?
Monarch
Which is the elected chamber?
- House of Lords
- House of Commons
Who makes the laws?
Parliaments (House of Lords, House of Commons, Monarch)
What do the House of Lords do?
Make + pass laws
History of Parliament
- Ruled by king/queen = had power
- No democracy, voting + parliament
- Monarch rule based on fear + execution
- Monarchs believed they had God given right to rule
What are the 2 key historical events that led to the foundation of today’s parliament?
- King John signed the Magna Carta in 1215
- Simon De Monford 1650
English civil War (1651)
English civil war replaces the king making Parliament powerful
Reason for English civil War
Disagreement’s about religion and discontent over king’s use of power and his economic polices.
Rise of Parliament
- (1689) Bill of rights passed
- Rights of monarch = curtailed
- P = supreme power, recognised in law
- P gained power, were exercised by monarch. E.g. war, raising taxes, making law
What is a legislation ?
- Law made by Parliament.
*Highest form of law w/in England + Wales
What is a bill?
Law passed by Parliament
What is a Statute (Act of Parliament)?
Bill being passed