SQE 1 PUBLIC LAW

Key characteristics of the executive? Led by PM Drafts and introduces legislation in Parliament Implements law Runs country Key characteristics of legislature? Enacts statute Scrutinises executive Supreme law-making body Key characteristics of judiciary? Independently appointed Hear and determine legal disputes Apply own common law and interpret statute Judicial review Key characteristics of the UK constitution Multi-layered Unentrenched Uncodified Flexible Separation of power...

Stare decisis Let the decision stand; decisions are based on precedents from previous cases Ratio decidendi The reason for the decision - this is what binds other courts Obiter dictum A statement not necessary to reach a decision in the case - highly persuasive and influential. Supreme Court - rules of precedent binds all inferior courts - but MAY depart from its own decisions. Court of Appeal - rules of precedent Binds all inferior courts and itself; although subject to Young V Bristol...

What is the definition of 'common law'? The law as applied by the King's Courts as opposed to the rules of Equity, a system developed by the separate Court of Chancery How is the common law system is governed? Rules of Precedent What is the definition of the 'rules of precedent'? The decisions of judges higher up in the hierarchy of courts and tribunals are 'binding' on those lower down Name 2 roles of a judge 1. Consider the evidence brought by the parties and decide...

What is the purpose of judicial review (JR)? Judicial review checks the exercise of public power to ensure decisions are made and implemented correctly according to law. How does judicial review differ from appeal? Judicial review does not assess the merits of a decision or substitute the court’s decision for that of the original decision-maker. It ensures the decision is made properly and lawfully. What are the five main preliminary issues for judicial review? Amenability Procedural e...

pre-1066 locally based systems and customs of Anglo-Saxon society. the formation of common law and its imposition over and above local systems and customs development of equity; two separate legal systems co-exist. 1870s to present Joint jurisdiction for common law and equity Massive development of statute law Growth of governmental and administrative bodies Influence of European Union Law. three courts developed from the King's Council Court of the exchequer Court of Common P...

Function of law Maintain peace and safety in society Regulates relationships Protects human rights and liberties Ensures smooth running of economic and political activities in pari materia meaning of an ambiguous law can be determined in light of other statutes on the same subject matter. Courts declare an Act of Parliament is incompatible with ECHR. Fast track remedial order - non-urgent procedures - amendments are presented to and approved by both Houses; can become law after h...

pre-1066 locally based systems and customs of Anglo-Saxon society. the formation of common law and its imposition over and above local systems and customs development of equity; two separate legal systems co-exist. 1870s to present Joint jurisdiction for common law and equity Massive development of statute law Growth of governmental and administrative bodies Influence of European Union Law. three courts developed from the King's Council Court of the exchequer Court of Common P...

What is a constitution? A body of fundamental principles or established precedents according to which a state or other organisation is acknowledged to be governed. What type of constitution does the UK have? Unwritten - there is no single authoritative document however the UK constitution is written down in various places. Flexible - no lengthy process to alter the UK constitution although may be challenging from a political perspective. Written constitutions are rigid and have strict proc...