week 6: intro to sources of law Flashcards
what is per incuriam?
refers to a judgement of court that has been decided without reference to a statutory provision or earlier judgement which would have been relevant
how many types of sources of law are there?
2, primary and secondary
what are primary sources of law?
- actual laws
- authoritative in supporting argument
- some binding to courts and some only persuasive in nature
- directly from law making bodies (3 branches of gov)
what are secondary sources of law?
- plain language writing abt primary sources
- not laws and not binding
- they compliment the primary sources
primary sources include…
- constitution
- legislation
- delighted legislation
case law - conventions and treaties
secondary sources include…
- text books
- legal encyclopaedias
- law dictionaries
- journals and articles
does the constitution have to be written?
no, it can be written or unwritten
what is the constitution?
establishes the character of a government by defining the basic principals to which a society must conform
does the constitution only serve as a guide line for the gov to make laws?
no, it serves as a guideline for the creation of laws either on the side of the gov or the people
how many pairs of constitutions are there? what are they?
6
- written and unwritten
- codified and uncodified
- federal and unitary
- rigid and flexible
- monarch and republican
- presidential and parliamentary
a written constitution is… and are usually very …..?
a single document that describes the arrangements of governance in a country…..precise and systematic
the written constitution is also called the?
codified or enacted constitution
is a written constitution rigid or flexible in nature?
ridged
where can the unwritten constitution be found?
- conventions
- treaties and customs
- acts of parliament
- common law
unwritten constitution is also known as?
evolved constitution
