Passed Jan 2024 SQE 1 first try (1st Quintile) using these notes. Summarises everything you need to know for Legal System of England and Wales, Administrative Law, Constitutional Law, EU Law, Judicial Review and Human Rights.
Carefully curated summary notes, aligned precisely with SRA guidelines, ...
Legal System and Sources of Law,
Constitutional and Administrative Law
and EU Law
Legal System of England & Wales and Sources of
Law
The courts:
The Judiciary
- Constitutional role is to:
o Interpret the will of parliament expressed in legislation
o Interpret and apply case law
o Restrain unlawful acts including those of the Executive
- Role of Lord Chancellor is to administer the courts and tribunal system
- Lord Chief Justice has been head of the judiciary since CRA 2005
- Key constitutional principles applicable to the judiciary are the administration of justice in accordance
with the law and with complete impartiality
- Concept of justiciability relates to the self-limiting acknowledgment by the judiciary that purely political
matters may be beyond its jurisdiction
- UK Supreme Court does not play a formal role as a constitutional court but is arguably developing this
direction
, Court Hierarchy, the Appeal System and Jurisdiction
Rights of Audience
- Solicitors have automatic rights of audience in:
o Magistrates Court
o County Court
o Family Court
- Solicitors must apply for higher rights of audience in:
o Crown Court
o High Court
o Court of Appeal
o Supreme Court
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