Exam (elaborations)
LLB Law - week 2 - lecture 6 2024
LLB Law - week 2 - lecture 6 2024
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LLB Law - week 2 - lecture 6 2024the meanings of acts and statues
Acts and statues
- acts and statues are used to refer to legislation emanating from our Bi cameral
parliament
- they are primary legislation in the contemporary english system
The relationship between acts and common law
- the act of parliament sovereign is superior to common law
- all of common law is behind statues which is at the top of everything
- common law courts cannot disregard parliament
what can statue law do
1. abolish a common law rule
2. create new rules on a subject on which the common law was silent
3. add new rules to existing common law
4. alter a common law rule to align it more closely with contemporary values
5. change when common laws apply
6. consolidate existing common law
who drafts legislation
Who drafts it
- the parliamentary counsel is a group of gov lawyers who specialise in drafting
legislation
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