Week 2

Question 1

What is a statutory instrument?

Answer 1

secondary or delegated legislation, made under the authority of a primary act. Primary confers validity.

Question 2

What are the two main kinds of EU law?

Answer 2

1. Regulations

2. Directives

Question 3

What is a regulation?

Answer 3

Directly enforced in UK. No other act required UK to be bound

Question 4

What’s the difference with Directives?

Answer 4

They require a second stage of implementation in the UK before it becomes part of law

Question 5

How can a judge make a rule of law?

Answer 5

When he makes a decision on a disputed point of law, not fact.

Question 6

How does the civil court system work?

Answer 6

Hierarchical - start at court of first instance then onto appellate courts. Higher the court, more authoritative the decision is.

Question 7

How is a case report built up?

Answer 7

1. Names of parties
2. Index terms for the subject matter
3. Headnote, summary of facts and result
4. Summary of arguments presented. Who won, who lost and what was pleaded
5. Judges give their opinion, using all three to get the ratio of the case

Question 8

What is the one primary distinction of citation?

Answer 8

Reported and unreported decisions, however blurry this has become.

Question 9

What does it mean if cases are reported?

Answer 9

They are physically printed somewhere in law reports. Online doesn’t mean reported.

Question 10

For the citation [2013] UKSC 55; 2014 SC (UKSC) 1; 2013 SLT 799; [2014] 1 CMLR 17

What is the neutral citation and what does it mean?

Answer 10

The first part ([2013] UKSC 55) is the neutral citation and is the unique identifier of the case. Means it was the 55th decision handed down by the UKSC in 2013.

Question 11

For the citation [2013] UKSC 55; 2014 SC (UKSC) 1; 2013 SLT 799; [2014] 1 CMLR 17

What does the 2014 SC (UKSC) 1 mean? Why would you use this?

Answer 11

Means it was reported on the first page of the 2014 volume of the Session Cases. Session Cases are most likely to be cited because they are checked by judges before publication so are the most authoritative law reports.

Question 12

For the citation [2013] UKSC 55; 2014 SC (UKSC) 1; 2013 SLT 799; [2014] 1 CMLR 17

What is the third and forth part?

Answer 12

1. Means it was reported on page 799 of the Scots Law Times in the 2013 edition.
2. Means it was reported in the first volume of Common market law reports on page 17 in 2014.

Question 13

Why use Session cases in preference when citing?

Answer 13

They are published by the Scottish Council for law reporting and are a quasi-official body and is sanctioned by the judiciary.

Question 14

How are session cases organised?

Answer 14

With different sections:

1. Supreme Court decisions
2. High court of Justiciary
3. Court of session

All start at 1 and follow through till next section.

Question 15

How were cases cited pre-1907?

Answer 15

You had:

1. The parties involved
2. The year of decision
3. The volume
4. The publisher ( R for rettie or D for Dunlop)
5. The judicial body (HL, CSIH so on)
6. The page number

Question 16

Which reports should be cited with English cases?

Answer 16

AC, appeal cases, which is House of Lords and Supreme Court, QB which is queens bench, CH which is Chancery or FAM which is family. These are approved by the judiciary.

Question 17

Who has law making competence in the UK?

Answer 17

The UK parliament and the Scottish Parliament. Subject to Law making competence of the EU.

Question 18

What is the difference between the UK government and Parliament?

Answer 18

Parliament is the legislative branch of the the UK, it passes legislation.
Government is the executive branch of the UK, made up of political parties that can dominate the will of Parliament if one has a majority.
Two distinct branches.

Question 19

What is special about having a combined Parliament and different countries?

Answer 19

Different countries can retain distinct legal systems, like England and Scotland.

Question 20

When was Parliament formed?

Answer 20

By the 1707 Acts of Union

Question 21

What is sovereignty and why is it applied to states?

Answer 21

There are no topics outside a states legislative competence which is known as full sovereignty of a state. Issue with EU having ability to control some, no full sovereignty.

Question 22

Can a Parliament bind it’s successors?

Answer 22

No, simple majority can overturn any prior act of Parliament

Question 23

What did s.28 of the EU Communities Act 1972 do?

Answer 23

Take away some of the legislative power of the UK Parliament.

Question 24

What happens on exit day?

Answer 24

EU Communities Act 1972 is repealed as per EU withdrawal Act . EU stops being a direct source of law in the UK.

Question 25

Do treaties affect the UK’s law-making competence?

Answer 25

No, it is the executive branch that enters treaties and not the legislative. Therefore, laws can be passed that go against treaty obligations.

Question 26

Does entering into a treaty alter domestic law?

Answer 26

No, treaty must be ratified and then legislation passed domestically that complies with the treaty for change in domestic law.

Question 27

What is the ECHR?

Answer 27

European convention on Human Rights, it has been formally adopted into domestic law in the UK by the Human Rights Act 1998.

Question 28

What powers does the Scottish Parliament have and how does this differ to Westminster?

Answer 28

Scotland has devolved powers, conferred to it by Westminster. Westminster can make laws on the devolved powers, but Scotland cannot make laws on anything outside the devolved powers as per the Scotland Act 1998 s.28.

Question 29

What’s special about the Civil Partnership Act 2004?

Answer 29

It is a devolved power that Westminster legislated on, usually not done. However, was done on the request on Scotland for nationwide uniformity.