WEEK 1 - Types of law Flashcards
what are the two types of law
- public law
- private law
what is public law
involves the relationship between the individual and the state
what does public law include
- criminal law
- constitutional law
- administrative law
what is criminal law
falls under public law, as you are committing a crime
Cases involve a defendant and a prosecutor
The prosecutor must prove the facts of a case beyond a reasonable doubt
Results in a verdict of guilty or not guilty
against the state
what is constitutional law
issues relating to the British constitution
what is administrative law
civil law issues between individual and state
What is private law
involves the rights and duties between two individuals (can also mean companies etc.)
What does Private law include
Civil Law, Contract Law, Tort law and Property Law
What does Civil Law include
Aggrieved person (the claimant) commences court action
Other party known as the defendant
Claimant must prove their case on the balance of probabilities
Compensation or remedy provided to claimant if they win case
2 types of legislation
Primary legislation – Acts of Parliament
Secondary legislation (or delegated legislation) – law made by persons or bodies to whom Parliament has given law-making powers
Primary legislation
Creates new laws or changes/repeals old laws
An act needs to progress through Parliament before coming into law
During this progression period, the Act will be known as a bill
Acts of Parliament – stages in being passed
First reading – HoC
Second reading
Committee stage
Report stage
Third reading
Transfer to the HoL – The bill will then undergo a similar process in the HoL
Royal Assent
Delegated legislation (Secondary)
Parliament does not have time/expertise to pass all detailed laws
It delegates power (via Acts) to create detailed law to government departments, local authorities etc. These include by-laws and Orders in Council
Delegated body can only pass laws within the power given to them via the relevant Act
Approx. 3,000 pieces of legislation passed each year
Delegated legislation Advantages
Saves Parliament time
More efficient than going through Parliament process
Easier to amend/repeal
Experts can be used where very technical detail required
Delegated legislation Disadvantages
Parliament no longer in direct control of all legislation
Insufficient time given to consider issues
Excessive legislation may be passed
Might not be adequately publicised without Parliamentary involvement
