Sources of Law

What is Law Making?

How our law come into existence. The law primarily comes from the UK parliament in the form of Acts of Parliament.

Common law is made by senior judges through judicial precedent.

What are the Sources of Law?

Statutory Interpretation

Judicial Precedent

Acts of Parliament- Parliamentary Sovereignty

Legislation of devolved bodies- Senedd Cyrmru (Welsh Parliament)

European Union Law (of historic importance)

European Convention on Human Rights

What is Statutory Interpretation?

How a judge interprets the an act.

What is Judicial Precedent?

Is described as treating like cases alike. It is where past decisions created judge-made ‘law’ for future judges to follow.

E.G- R v R (1991)- Criminalised Martial Rape

What are the Acts of Parliament?

Is a democratic party which is the main source of how laws are made. They override everything and any laws that are passed will be enforced.

Parliamentary Sovereignty is when parliament doth no authority on earth can undo.

What is the Legislation of devolved bodies- Senedd Cyrmru (Welsh Parliament)

In Wales the Welsh parliament can now make laws.

What is the European Union Law (of historic importance)?

This allows free trade and movement as it no longer follows the EU laws and they are no longer a source of law.

What is the European Convention on Human Rights?

It is apart of the English law and has nothing to do with the EU. It sets out human rights under the Human Rights Act (1998) and it is seen as an international Treaty.