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Legal system - Coggle Diagram

- - - - What are the precedents?
      - Do the actors in the precedents believe that are bound by a rule?
      - Is there a reason for the rule?
    - - Arguments in favour
        
        Transparency
        
        Conventions would changer their nature and become legally binding rules subject to enforcement by the courts, with legal consequences for breaching them
      - Arguments against
        
        Loose flexibility and informality
        
        Disputes about breaches of convention would draw judges into deciding political issues
        
        Difficult to codify
    - - Arguments in favour
        
        Transparency and accessibility
        
        Would express national values and identity entrenching and protecting fundamental rights and powers
      - Arguments against
        
        Having a written constitution and a sovereign Parliament would be difficult, if not incompatible because Parliament’s ability to enact and change any law would be compromised by a higher law constitution. However, it is possible to protect Parliament’s position - example Instrument of Government 1653, Netherlands does not allow courts to review the constitutionality of legislation
        
        UK constitution provides dynamism
        
        Practical objection of lack in popular demand for change
- - - - General principles of EU law
      - Principle of supremacy
      - Principle of direct effect
    - - SECONDARY - Regulations, directives
      - PRIMARY - EU treaties, EU charter of fundamental rights
- - - - DUALIST approach - Non domestics law ≠ domestic law. International law needs to be ‘transposed’ or ‘incorporated’ into domestic law
        
        Ratification: act whereby a state indicates its consent to be bound by non domestic law
        UK ratified the ECHR - 1951
        
        Transposition into domestic legislation: new domestic legislation is passed to transform or implement non-domestic into domestic law
        UK transposed the ECHR into domestic legislation by passing the Human Rights Act – 1998
        
        Automatic right of entry: non domestic law sources may enter domestic system of law sources automatically
      - MONIST approach - Non domestics law = domestic law
        Monist States make international law part of their domestic legal order. International law will here directly apply as if it were domestic law
      - Way out -> withdrawal from international treaties
        
        Can international courts protect individuals from State’s withdrawal?
        -> Case - Ingabire Victoire Umuhoza v of Rwanda 2018