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
is an unwritten constitution ridged or flexible in nature?
flexible
one example of an unwritten constitution is?
the British constitution
what’s a ridged constitution?
it is difficult and seldom amended
an example of a rigid constitution
the American constitution
how are flexible constitutions amended?
though simple procedure (the same way ordinary statues are enacted
how many levels of governments do most countries have?
2, central and local
what’s the difference between unitary and federal constitution?
the states or provinces of a federal state have constitutionally protected sovereignty
what’s the function of the federal constitution?
it allows governments for state levels
