Legal System Flashcards

Flashcards on the Legal System of England and Wales

What is meant by the "common law system" in England and Wales?

A legal system where decisions are made by referring to statutes, regulations, and judgments from previous cases.

What role do judges play in the legal system of England and Wales?

Judges act as umpires between parties, decide disputes, and are not inquisitors; they do not question witnesses.

What are the main parts of an Act of Parliament you must be able to identify?

• Preamble: Formal opening stating enactment by Parliament

• Extent Provision: States geographic and legal scope (e.g., England, Wales)

• Short Title: Name of the Act (e.g., Offensive Weapons Act 2019)

• Enabling Provision: States when provisions come into force and who may implement them

What is the difference between primary, secondary, and tertiary legislation?

Primary legislation is passed directly by Parliament, while secondary and tertiary legislation are made under the authority of Parliament and are known as statutory instruments.

What are conventions in UK constitutional law?

Unwritten rules on how things are done, considered important, and often given weight in court.

Who can exercise the prerogative power to enter a treaty in the UK?

Only the Executive Branch has this power.