3. Sources of law:

Equity - injunctions, specific performance orders, rescission(setting contract aside). Equity is not valid if the case is brought about too late. Delay defeats equity [Allcard v Skinner] 1887

Legislation - law made by Parliament that has gone through the Parliamentary law making process. An Act of Parliament is the highest most superior form of UK Law. Statutes are often used to consolidate and codify existing law/create new law/ improve current law.The principle of Parliamentary Sovereignty is the practised idea that Parliament can make any laws but one Parliament cannot bind their successor. Most Bills are government Bills, but some are Private Members' Bills e.g. Abortion Act 1967.
See opposite process a Bill goes through to become an Act. HOWEVER sometimes if HCMs wants to bypass HLDs they can use the Parliament Act (1911/1949). E.g. HLDs never agreed to the hunting Bill so HCMs bypassed them and created the Hunting Act 2004.

HRA 1998 incorporates rights given by European Convention of Human Rights into UK law. All courts must take into account HRA when exercising powers.
If they do not, the ECJ can overrule decisions of the UK - ECJ ruled against UK in August 2014 because the UK denied the vote to prisoners.
Delegated Legislation - Parliament delegates authority to make law on its behalf. This law does not go through the above mentioned legislative process.
The main types of DL are:
Orders in council, times of emergency made my Privy Council when Parliament is not sitting usually about war/terrorism/flooding
Regulations to implement EU Law
Ministerial Regulations - where ministers of a particular area make law about that area
Local Authority by-laws
Delegated legislation is controlled through:
Consultations with local MP
HLDs scrutiny committee
Affirmative & Negative resolution procedure
Judicial Review in High Court (QBD)

	Erstellt von oliviaheathcote vor etwa 10 Jahre

Notiz am Classification of Law -English Legal System, erstellt von oliviaheathcote am 07/10/2014.