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Principles and Sources of English Law - Coggle Diagram
Principles and Sources of English Law
Parliamentary law making
Parliamentary supremacy
Limitations
Human Rights Act 1998
Devolution
EU membership
Dicey
It cannot be bound by any previous, or bind any future parliaments
No other body can override or set aside an Act of Parliament
Parliament can legislate on any matter it wants
Influences of Parliament
Political pressure
Public opinion
Pressure groups
Media
Process in Parliament
Report Stage
Third Reading in the House of Commons
Committee Stage
Same procedures in the House of Lords
Second Reading in the House of Commons
First reading in the House of Commons
Bill is drafted
Royal Assent
Law Commission
Composition
Success
Advantages
Disadvantages
Previous success rate
Role
Consolidation
Codification
Repeal of existing law
Pre-Legislative process
White Paper
Green Paper
Delegated Legislation
Controls on Delegated Legislation
Parliamentary
Enabling Act
Delegated Powers Scrutiny Committee
Pre-drafting consultation
Joint Select Committee on Statutory Instruments
Affirmative resolutions
Negative resolutions
Questioning time
Judicial
Locus standi
Unreasonable
Judicial review
Ultra vires
Procedural ultra vires
Substantive ultra vires
Types of Delegated Legislation
Statutory Instruments
Bylaws
Orders in Council
Advantages
Time-saving
Policy over detail
Speed
Expertise
Flexibility
Controls
Disadvantages
Sub-delegation
Lack of clarity as to present law
Detracts from democracy
Obscure wording makes interpretation difficult
Statutory Interpretation
Aids to interpretation
Extrinsic
Earlier case law
The historical setting
Previous Acts of Parliament on the same topic
Dictionaries of the time the Act was passed
Hansard
Reports of law reform bodies
International treaties
Intrinsic
Headings
Schedules
Preamble
Marginal notes
Long title
Interpretative section
Impacts of EU law and HRA 1998
The impact of the Human Rights Act 1998
The European approach
Rules of Language
Expressio unius exclusio alterius
Noscitur a sociis
Ejusdem generis
Rules of Interpretation
Golden Rule
Mischief Rule
Literal Rule
Purposive Approach
Judicial Precedent
Types of Precedent
Original precedent
Persuasive precedent
Courts lower in the hierarchy
Decisions of the Judicial Committee of the Privy Council
Statements made obiter dicta
A dissenting judgement
Decisions of courts in other countries
Binding Precedent
Hierarchy of Courts
Criminal cases
High Court
Crown Court
Court of Appeal
Per incuriam
Magistrates' Court
Supreme Court
Civil cases
Court of Appeal
Young v Bristol Aeroplane
Conflicting past decisions
Where a Supreme Court decisions overrules a Court of Appeal decision.
Decisions made per incuriam
High Court
Supreme Court
Practice statement
County Court
Law reporting
Obiter dicta
Avoidance techniques
Reversing
Distinguishing
Overruling
Ratio decidendi
Advantages
Precision
Flexibility
Consistency and fairness in the law
Certainty
Filling gaps
Time saving
The doctrine of judicial precedent
Disadvantages
Complexity
Illogical decisions
Rigidity
Slowness of growth