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1.2 The Northern Ireland Legal System (Sources of NI Law (Legislation…
1.2 The Northern Ireland Legal System
Sources of NI Law
EU Law
Legislation
Parliament is the supreme law making body (parliamentary sovereignty)
Parliament & Assembly make new law, modify existing law & codify common law (write into legislation case law)
In NI both parliament & NI Assembly create laws
Commonly referred to as statute law - primary & secondary
Primary Legislation
- implemented in the form of acts, e.g. Companies Act 2006 or orders e.g. Employment Rights (NI) Order 1996.
Parliament Act implemented into law after passing house of commons, house of Lords & gaining Royal Assent
NI - no House of Commons or Lords, but debate in the assembly. Royal Assent still needed.
Environment Better Regulation Act (Northern Ireland) 2016
Addressing Bullying in Schools Act (Northern Ireland) 2016
Employment Act (Northern Ireland) 2016
Fisheries Act (Northern Ireland) 2016
Delegated or Secondary Legislation
- originates from Primary Legislation
Delegation e.g. to a government minister or public body. Usually shorter than Primary
In NI takes form of Statutory Rules, implemented as Regulations e.g. The Equality Act (Sexual Orientation) Regulations (Northern Ireland) 2006 derived from the Equality Act (2006)
Advantage -
laws pass more quickly. Allows experts to be involved, e.g. Gov Ministers & their departments who have specialist knowledge of the area
Disadvantage -
Large volume of complex laws exist in one area of law. Lack of publicity surrounding law
Courts have the power to judicially review any part of secondary legislation & declare it invalid
Legislation can be challenged on the grounds that the body who implemented it were acting outside their powers "ultra vires". Or did not use the correct procedure for implementation
Case Law
Judge is bound to follow statute not precedent if statute exists
Usually followed when legislation is unclear or silent
Principle of Law commonly called the Precedent, must be applied by lower courts in future cases
Doctrine of Binding Precedent or
"stare decisis"
stand by things that have been decided