History & Sources
Functions
- Determine what will happen when people have disputes
- Provide rules to help people avoid disputes
Hart’s definition
- ‘Body responsible for making, amending & repealing rules’
Significance of state authority
- Law created by parliament/ courts is mandatory
- Other settlement mechanisms are voluntary
o Most disputes are settled by agencies
Not state controlled
3 interrelated legal systems
- English legal system
o Domestic law
- Law of the European union
- Law of the European convention of human rights
o Strasbourg jurisprudence
Domestic sources of law
- Common law
o Law made in courts by binding precedent
- Statutes
o Made in parliament
Acts of parliament
- Delegated legislation
o Made by someone to whom parliament has delegated the authority to do
so
Eu sources of law
- Primary legislation
o Treaties – originally treaty of Rome 1957
Now treaty on the functioning of the EU & treaty on European
union
Made by member states
- Secondary legislation
o Regulations, directives, decisions
Made by EU institutions, pursuant to powers bestowed on them
by the treaties
Echr law source
- Decisions of the European court of human rights in Strasbourg, when
interpreting & applying the echr
Sources of law conflict
- Legislative supremacy of parliament
o If any other type of law conflicts, law made by parliament prevails
- Between EU & domestic law – EU law prevails
- Between domestic law & echr – domestic law prevails
Customs
- A local custom – the way that something is done in a particular place
o Can still sometimes be enforced:
Functions
- Determine what will happen when people have disputes
- Provide rules to help people avoid disputes
Hart’s definition
- ‘Body responsible for making, amending & repealing rules’
Significance of state authority
- Law created by parliament/ courts is mandatory
- Other settlement mechanisms are voluntary
o Most disputes are settled by agencies
Not state controlled
3 interrelated legal systems
- English legal system
o Domestic law
- Law of the European union
- Law of the European convention of human rights
o Strasbourg jurisprudence
Domestic sources of law
- Common law
o Law made in courts by binding precedent
- Statutes
o Made in parliament
Acts of parliament
- Delegated legislation
o Made by someone to whom parliament has delegated the authority to do
so
Eu sources of law
- Primary legislation
o Treaties – originally treaty of Rome 1957
Now treaty on the functioning of the EU & treaty on European
union
Made by member states
- Secondary legislation
o Regulations, directives, decisions
Made by EU institutions, pursuant to powers bestowed on them
by the treaties
Echr law source
- Decisions of the European court of human rights in Strasbourg, when
interpreting & applying the echr
Sources of law conflict
- Legislative supremacy of parliament
o If any other type of law conflicts, law made by parliament prevails
- Between EU & domestic law – EU law prevails
- Between domestic law & echr – domestic law prevails
Customs
- A local custom – the way that something is done in a particular place
o Can still sometimes be enforced:
