House of Lords, House of Commons and the parliamentary sovereignity

  The Parliament and the parliamentary sovereignity Les autres fiches de cours : English legal system and difference with the civil lawDistinction between Common law and equityDistinction between Common Law and statute law (written law)House of Lords, House of Commons and the parliamentary sovereignityThe legislation : Source of English lawStatutory interpretationCase Law and precedent in … Lire la suite

The legislation : Source of English law

The legislation : Sources of English law : Legislation is law that is created by the legislature. The most important pieces of legislation are Acts of Parliament. Les autres fiches de cours : English legal system and difference with the civil lawDistinction between Common law and equityDistinction between Common Law and statute law (written law)House … Lire la suite

Statutory interpretation

Statutory interpretation: Interpretation is in general the discovering of the meaning of words, this is the search of the meaning of a word. Since in law we just have words, this exercise is very important in law and in legislation in particular. An interpretation may be needed when there is an ambiguity in the drafting … Lire la suite

Stare decisis or the doctrine of binding precedent

 Stare decisis : definition, advantages, disadvantages… A precedent, known as stare decisis, is a history of judicial decisions which form the basis of evaluation for future cases. Common law, also known as case law, relies on detailed records of similar situations and statutes because there is no official legal code that can apply to a case at … Lire la suite

Judge-Made Law

 What is the nature of judge-made law? Judge made law means that judges in interpreting the existing law may need to make a decision where there is no settled precedent and in doing so their decision becomes law. Some may consider that judge made law is against the rule of law because if judges are … Lire la suite