Summary
Summary sources of law
- Institution
- Kingston University
sources of law and their definitions
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Sources of lawLegislation/ statues/ acts of parliament
primary legislation-
acts of parliament
Delegated (secondary) legislation-
Parliament provides certain bodies with the power to make laws
● statutory laws - power given to a governmental department or minister
● by-laws - power given to local authorities or public and private bodies
● orders of council- powers given to the legislation committee of the Privy Council
Case law
Precedent
● principles set by the higher courts to be used in future cases
European conventions on human rights
● courts/ tribunals must take convention into account
● public authorities must not act in a way incompatible with convention rights
prerogatives
● residual monarchical power
● exercised by ministers (e.g. Sign treaties)
● they make orders in council
● subject to review by courts
International treaties
● Public international law e.g trade
● Private international law e.g. Contracts
● Overrides common law
customs acts of parliament
● derived from Anglo-Saxon customary laws
● can be overridden by statutes
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