Download Q&A English Legal System by Gary Slapper, David Kelly PDF

By Gary Slapper, David Kelly

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Routledge Q&As provide the excellent chance to perform and refine your examination approach, aiding you to use your wisdom so much successfully in an examination state of affairs. every one ebook includes nearly fifty essay and problem-based questions about subject matters as a rule discovered on examination papers, whole with resolution plans and completely labored version solutions. Our authors have additionally highlighted universal errors in addition to providing you the way to in achieving the superior marks. What’s extra, Routledge Q&As are written via academics who're additionally examiners, providing you with an unique perception into precisely what examiners are searhing for in a solution.

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Legislation (statute and delegated) and case law (common law and equity) Consideration of the importance of each source of law, for example the increase in delegated legislation and decline in relevance of custom ANSWER EuropeanLaw Since the UK joined the European Economic Community (EEC) (now, following the Lisbon Treaty, the European Union (EU)), it has progressively but effectively passed the power to create laws which are operative in this country to the wider European institutions. The UK is now subject to Community law, not just as a direct consequence of the various treaties of accession passed by the UK Parliament, but increasingly it is subject to the secondary legislation generated by the various institutions of the EU.

The custom must also have been felt as obligatory, have been consistent with other customs and, in the final analysis, must be reasonable. 5 CommonPitfalls The temptation is to concentrate on only one source such as legislation or the common law, and to go into far more detail than is necessary for such a general question. Remember that each sub-topic in this answer can be asked as a question topic in its own right. So remember to cover most, if not all, of the potential sources. AimHigher It is essential to be aware of the EU as a source of modern law and reference to the LisbonTreaty will show an up-to-date awareness of that particular source.

Power to make delegated legislation is ultimately dependent upon the authority of Parliament and Parliament retains general control over the procedure for enacting such law. New regulations in the form of delegated legislation are required to be laid before Parliament. This procedure takes two forms depending on the provision of the enabling legislation. Some regulations require a positive resolution of one or both of the Houses of Parliament before they become law. Most Acts, however, simply require that regulations made under their auspices be placed before Parliament.

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