Sources of Law of England and Wales

These flashcards cover the primary and traditional sources of law in England and Wales, including the legislative process, court-developed principles, and the influence of key legal philosophers.

Perjury

The legal name for lying in front of a judge.

Statute

An Act of Parliament; the oldest one still in force is the Statute of Marlborough of 1267.

Green Paper

A consultation document on possible new law published by the Government.

White Paper

A document incorporating the Government’s firm proposals for new law.

Bill

A document representing a proposed law that undergoes scrutiny and debate before becoming an Act of Parliament.

First Reading

A purely formal stage in the legislative process where the title of a Bill is read out and it is printed and published.

Second Reading

The stage in the House of Commons where the main debate by Members of Parliament on the principles of a Bill takes place.

Committee Stage

The stage where a Bill is scrutinized clause by clause and any amendments are considered by a committee.

Report Stage

The stage where the House votes on any proposed amendments suggested during the committee stage.

Third Reading

The final stage and opportunity to vote on a Bill in its amended form within a House.

Parliament Acts 1911 and 1949

Legislation that allows the House of Commons to bypass the House of Lords if the latter rejects a Bill twice.

Royal Assent

The formal approval of a Bill by the monarch, which makes the Bill law and transforms it into an Act.

Filibustering

The procedural tactic of deliberately wasting time through verbosity to delay a Bill.

Guillotine

A timetable imposed by the Government to curtail a filibuster and limit the time allowed for debate.

Common Law

The original and traditional mode of decision-making by judges, historically providing remedies like damages for the letter of the law.

Equity

A system of law that provides flexibility and fairness by considering the facts and behavior of parties where common law might be too rigid.

Maxims of Equity

Legal principles such as 'he who comes to equity must come with clean hands' and 'delay defeats equity' used to guide fair resolutions.

Injunction

An equitable remedy that requires a party to do or refrain from doing a specific act.

Specific Performance

An equitable remedy that compels a party to carry out an obligation, usually in relation to land transactions.

Rescission

An equitable remedy that confirms a contract no longer exists.

Rectification

An equitable remedy used for correcting a wrong or an error in a document.

Supreme Court of Judicature Acts 1873 and 1875

Legislation that merged the separate court systems of equity and common law into a single court structure.

Civil Law

A code-based legal system derived from traditional Roman law concepts, common in countries like France and Germany.

Wednesbury [1948]

A landmark case that established that the court is entitled to investigate the actions of local authorities to see if they acted reasonably.

House of Lords Act 1999

Legislation that abolished the automatic entitlement of hereditary peers to sit in the Lords, limiting their number to 90 via by-election.

Life Peerage Act 1958

The statute that allows for the appointment of individuals to the House of Lords for their lifetime based on achievement or service.

Constitutional Reform Act 2005

Legislation that created the Supreme Court, removed the Law Lords from the House of Lords, and reformed the role of the Lord Chancellor.

General Synod

The governing body of the Church of England which passes laws in the form of Measures, Canons, and statutory instruments.

Martial Law

A summary form of criminal justice exercised by military or police forces under royal authority, independent of common law courts.

Habeas Corpus

A doctrine meaning 'you shall have the body,' which establishes that a person should only be imprisoned with lawful justification.

Separation of Powers

The constitutional principle, advocated by Montesquieu, that the executive, legislature, and judiciary should perform distinct functions.

Utilitarianism

The philosophy articulated by Jeremy Bentham that government actions should be measured by 'the greatest happiness of the greatest number.'

Parliamentary Sovereignty

The principle, defined by AV Dicey, that Parliament has the right to make or unmake any law and cannot be overridden by any person or body.