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Law

Are you overwhelmed by the labyrinth of legal precedents, statutes, and complex terminologies involved in your A-Level Law studies? Let us ease your burden! StudySmarter provides clear explanations and dynamic flashcards, specifically designed to maximize your understanding and retention, simplifying your revision process.

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Are you overwhelmed by the labyrinth of legal precedents, statutes, and complex terminologies involved in your A-Level Law studies? Let us ease your burden! StudySmarter provides clear explanations and dynamic flashcards, specifically designed to maximize your understanding and retention, simplifying your revision process.

Think of an app that doesn't merely overload you with legal jargon, but rather, interprets dense legal concepts into easily understood language. Our aim is to make your revision more feasible, offering resources for every topic, from criminal law to contract law, constitutional law to tort law. Our innovative flashcards are designed to facilitate effective study sessions. They are customizable and engaging, helping you not just memorise, but also apply the principles you learn.

Law Revision with StudySmarter

Your Law revision time can be easy and free! Your answer is StudySmarter, an award-winning study app offering an extensive collection of summaries, flashcards, notes, quizzes, and more, covering all Law topics.

The StudySmarter app can be used online and offline at no cost to you. That’s correct; StudySmarter is a free study app.

Why Choose StudySmarter?

Here’s why you should start your comprehensive Law exam prep with StudySmarter:

Easy access to thousands of flashcards in Law topics - or you create your own directly from your study material!

Free expert-verified summaries for your A-Level prep, such as UK Law, Human Rights, and Civil Law.

An intelligent study plan, complete with analytics and a study timer, to motivate you to pass your

Law modules and all other exams.

Create study groups to share documents, notes, and flashcards. Perfect for a team project or a group study session!

And so much more! With StudySmarter, learning is accessible and fun!

What you'll revise with StudySmarter

The following modules are free the moment you sign onto our free app:

Module NumberArea of Study
1UK Legal System
2Criminal Law
3Civil Law
4Contract Law
5Human Rights
6US Legal System

The Fundamentals of Law

Delving into the study of law can be quite an intriguing journey. You might be intrigued to learn that law, in its simplest terms, is a system of rules created and enforced by a particular country or community through social or governmental institutions to regulate behaviour. It serves as a fundamental part of our daily lives, impacting everything from basic human rights to business transactions.

Law can be complex and extensive with its different forms and variations; this is why it's vital to understand its fundamental concepts, including different types of law, a thorough understanding of civil and criminal law, and the importance of the Rule of Law.

Definition and Relevance of Law

Law can be defined as a system of conduct and guidelines that are recognised upon the folks by the sovereign authority of the state, enforcing behavioural patterns and mediating disputes. Laws govern our actions and function as a set of standards that each individual within a society must adhere to. They protect your rights as a citizen, provide order, establish standards, maintain the status quo, resolve disputes and protect civil liberties.

The Concept and Importance of Rule of Law

The Rule of Law can be described as a philosophical concept which holds that government and institution actions must be legal, and equality before the law should be supreme. The principles of the Rule of Law include the notion that the law is supreme, everyone must abide by it, and should be simple and accessible to all.

Its importance cannot be underrated. It provides a protective shield to the citizens against arbitrary actions, permits orderly and peaceful dispute resolution, and ensures that justice is consistently and scrupulously applied. The Rule of Law also fosters trust in our institutions and democracy.

An Insight into Civil Law: Its Purpose and Impact

Civil law, often referred to as non-criminal law, is designed to resolve disputes and disagreements between individuals, businesses, and, in some cases, government agencies. It can encompass a multitude of legal areas, including property conflict, family issues, contract agreements, personal injury, and more.

The impact of civil law is profound and far-reaching. It essentially ensures that the rights and responsibilities of individuals and companies are protected and respected. By providing a platform for dispute resolution, it fosters peace and harmony within society. The outcome usually involves compensation in the form of damages to the aggrieved party rather than a criminal punishment.

Understanding the nuances of law requires effort, patience, and meticulous study. This comprehension would effectively equip you with the skills to navigate through every aspect of our society impacted by law. The more you learn about law, the more you would realize its dynamic nature and its potential for influencing significant change.

Differentiating Civil Law from Criminal Law

Understanding the distinction between civil law and criminal law is crucial in the realm of law. At first glance, you might think that they serve the same purpose as they both fall under the scope of law. However, they are quite different in terms of their purpose, process, and penalties.

Civil law pertains to disputes between individuals or parties. It covers all non-criminal law, usually related to settling disputes between private individuals or entities. On the other hand, criminal law includes laws related to crime; it involves prosecution by the government of a person for an act considered as a crime.

Law, Law student taking notes in a lecture theatre and listening to the professor, StudySmarterFig. 1 - Studying Law at A-Level and University levels with StudySmarter opens up a diverse range of career paths both within and outside the legal field.

A-Level Law

Embarking on an A-Level law journey presents you with a unique opportunity to delve deeper into legal concepts, principles, and cases. This advanced course equips you with a broad understanding of the legal system, including public and private law and the law of contract, criminal law, and tort law. As you progress with your studies, you'll have the chance to critique, evaluate, and scrutinise these systems while nurturing key skills such as problem-solving, clear communication, and analytical thinking.

Pursuing A-Level Law: What to Anticipate

As you commence an A-Level law course, you can anticipate a profound exploration into the English legal system. Here, you will be introduced to sources of law, such as case law, legislation, and European Union law. You will also learn about the role and functioning of institutions, including courts, the judiciary, and legal professions.

Critical legal issues would also be a part of your studies, such as the facets of civil liberties, human rights, and the interplay between morality, justice and the law. These topics would cater to honing your skills for arguments and discussions.

You should also look forward to expanding your understanding of tort law, focusing on the concepts of negligence, nuisance, and defamation among others. The criminal law module will introduce you to a wide array of offences, defences, and their applications, capitalising on real-life scenarios and cases.

Discovering Various Sectors of Law at A-Level

A-Level Law unfolds a vast spectrum of legal sectors for you to explore. The course curriculum is intricately designed to give you a solid foundation in both public and private law realms while you also gain a clear understanding of the legal processes.

In the public law module, for example, you'll learn about constitutional laws, administrative laws and human rights laws. These segments focus on relationships between individuals and the state, the Constitution, and governmental agencies, respectively.

The private law modules open the door of knowledge into family law, property law, and contract law. These sectors elucidate the legalities involved in personal, familial, or business relationships and contractual agreements. Additionally, the unique intertwining of both these forms, evident in areas such as criminal law, throws light on offences against society's moral code, thereby convicting and punishing the guilty individuals.

A Brief Look at Criminal Law at A-Level

Criminal law, often the highlight of many students' A-Level law journey, takes you into the world of crimes and their consequences. You'll explore a range of offences, from minor transgressions like theft and burglary to serious offences such as murder and manslaughter.

An important aspect of this module is examining different elements of a crime, including actus reus, or the physical act of crime; mens rea, the mental intent; and the various factors that must be established to prove someone's guilt. This leads to enriching insights into the doctrines of criminal liability.

Additionally, you will venture into the landscape of legal defences within criminal law, such as insanity, duress, or self-defence, offering you a comprehensive understanding of legal proceedings surrounding criminal cases.

A Brief Look at Tort Law at A-Level

Tort Law, a significant component of Civil Law, involves the study of civil wrongs that cause harm or loss. The primary objective is to establish a thorough understanding of negligence, which is the most prevalent tort. It explores key concepts such as duty of care, breach of that duty, causation, and resulting damage.

Other torts like nuisance, defamation, and trespass are also covered. Through studying Tort Law, students gain insight into the rights and obligations that arise in everyday life and the legal mechanisms for compensating victims of wrongful actions.

A Brief Look at Contract Law at A-Level

At the A-Level, Contract Law delves into the complexities of legal agreements between two or more parties. It covers the formation of contracts, from the initial offer and acceptance to consideration and intention to create legal relations. Students explore key concepts such as terms and representations, express and implied terms, and breach of contract. They also study potential remedies for breach, such as damages and specific performance.

The essence of this module is to understand the nuances of legally binding agreements and how they govern commercial and personal relationships.

A Brief Look at Human Rights and Law at A-Level

Studying Human Rights Law at A-Level offers students a comprehensive understanding of the fundamental rights and freedoms recognized globally. The curriculum includes understanding various international human rights instruments, such as the Universal Declaration of Human Rights and the European Convention on Human Rights.

Students explore case studies, examining landmark rulings on contentious issues such as freedom of speech, privacy rights, and freedom from torture. This module helps students appreciate the critical balance between individual freedoms and societal needs in the context of a diverse, multicultural world.

Maximising Benefits from A-Level Law Studies

The A-Level law revision at StudySmarter goes beyond just giving insights into legal statutes and cases. It equips you with a transferable skill set. You will find these skills highly beneficial in a series of post-A-level pathways, including higher education and various employment sectors.

Your ability to present coherent arguments, analyse complex situations, interpret data, and communicate effectively will be fostered. Additionally, you will be well-equipped to comprehend dense and complex legal materials, construct well-articulated judgments, and critically assess various ethical and societal issues.

An A-Level course in law offers an enriching academic avenue and acts as an excellent foundation- whether you decide to further pursue your interest in law or apply the critical legal knowledge and skills in other fields. Regardless, you will find the journey through A-Level law authentic and rewarding.

Frequently Asked Questions about Law

Law is a system of rules created and enforced by a country or community to regulate the actions of its members. It is a codified structure that lays out the acceptable behaviours and consequences for non-compliance. The law in the UK aims to ensure justice, fairness, and social order, and is established and maintained by the legal authorities. It covers a wide range of areas, including criminal law, civil law, and constitutional law.

Common law, in the UK context, refers to the body of law created through decisions of courts and similar tribunals, rather than statutes enacted by legislative bodies. It is a system of law based on precedent, where the principles of a case are applied to future cases with similar circumstances. This system of law originated in England and has been adopted by many countries historically tied to the UK. It is significant in shaping legal principles and providing guidance to judges in deciding future cases.

For studying law at university in the UK, a variety of A-levels are appropriate. The most beneficial subjects include history, English literature, sociology, and politics, as they develop critical thinking and analysis skills. However, law schools typically do not specify required subjects and accept a wide range of academic disciplines, focusing more on the grades achieved. Ultimately, you should choose A-levels that you are interested in and likely to excel at.

The rule of law is a fundamental principle in the UK legal system which dictates that every individual and authority, including the government, is subject to and accountable to the law. It ensures that laws are applied justly and fairly to all citizens, without any bias. Furthermore, it promotes democracy by maintaining social order and preventing misuse of power. Essentially, it upholds the notion that no one is above the law.

Final Law Quiz

Law Quiz - Teste dein Wissen

Question

What are the three main legal jurisdictions in the UK?

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Answer

English law, Scottish law, and Northern Irish law

Show question

Question

What does the term 'common law' refer to?

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Answer

A legal system that relies on decisions from previous cases as a major factor in determining the outcome of new cases and interpreting the law.

Show question

Question

What is the principle of 'separation of powers' in the UK legal system?

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Answer

The separation of government powers into three distinct branches — Legislature, Executive, and Judiciary — to prevent any one body from becoming too powerful.

Show question

Question

What roles do solicitors and barristers play in the UK legal system?

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Answer

Solicitors provide legal advice on various matters and sometimes represent clients in courts, while barristers specialize in courtroom advocacy and expert legal advice in complex cases.

Show question

Question

How does Scottish Law differ from English Law?

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Answer

Scottish Law is a hybrid system with elements of common law, civil law, and unique Scottish law concepts, using different legal terminologies specific to Scotland.

Show question

Question

What are some top law schools in the UK?

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Answer

University of Oxford, University of Cambridge, London School of Economics (LSE), King's College London, University College London (UCL), University of Edinburgh, University of Glasgow, Queen’s University Belfast

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Question

What is the difference between an LLB and an LLM degree in law?

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Answer

LLB is an undergraduate degree providing foundational knowledge and skills in law, while LLM is a postgraduate degree for specialization in specific areas of law or in-depth knowledge.

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Question

What is a Qualifying Law Degree (QLD)?

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Answer

A Qualifying Law Degree is a recognized LLB program required for pursuing careers as a solicitor or barrister in England and Wales, easing the process to complete necessary training and become a practicing legal professional.

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Question

How can law students improve their writing and communication skills?

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Answer

Law students can master legal terminology, practice concise writing, participate in debates or moot court experiences, and engage in critical analysis to sharpen their communication skills.

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Question

What are some practical tips for legal professionals who wish to develop their network?

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Answer

Building a strong network of fellow law students, professors, and industry professionals can be achieved through involvement in extracurricular activities, attending conferences, participating in networking events, and actively engaging in mentorship opportunities.

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Question

What is the "magic circle" of UK law firms?

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Answer

The "magic circle" refers to the top five prestigious UK law firms, including Linklaters, Clifford Chance, Freshfields Bruckhaus Deringer, Allen & Overy, and Slaughter and May.

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What is the primary role of the Law Society UK?

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Answer

The Law Society UK plays a crucial role in regulating, supporting, and promoting solicitors in England and Wales.

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Question

What practical skills are essential for a successful career in law?

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Answer

Essential practical skills include legal research, legal writing and drafting, client communication, negotiation, critical thinking and problem-solving, attention to detail, time management, and networking.

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Question

What is the relevance of mooting and debating for aspiring legal professionals?

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Answer

Mooting and debating help sharpen oral advocacy skills and strengthen confidence as legal professionals, preparing students for courtroom situations and legal arguments.

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Question

What are some well-known law firms in the UK, other than the Magic Circle?

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Answer

Some notable law firms include DLA Piper, Hogan Lovells, Norton Rose Fulbright, Herbert Smith Freehills, and CMS Cameron McKenna Nabarro Olswang.

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Question

What is the principle of parliamentary sovereignty in the UK's constitutional law?

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The principle of parliamentary sovereignty states that Parliament is the supreme law-making authority, and no other institution can override its decisions.

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Question

What are the main sources of the UK constitution?

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The main sources of the UK constitution include statutes like the Magna Carta, common law, conventions, treaties, and works of authority.

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What is the rule of law in the UK legal system?

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The rule of law is the concept that everyone, including the government, is subject to the law and should be accountable for their actions.

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Question

How does administrative law uphold the rule of law and protect individual rights in the UK?

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Answer

Administrative law upholds the rule of law and protects individual rights by ensuring government authorities act within their authority, providing avenues for citizens to challenge decisions, safeguarding rights against unlawful government actions, and promoting transparency and accountability.

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Question

What are some key mechanisms in administrative law?

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Answer

Key mechanisms in administrative law include judicial review, tribunals, ombudsmen, and inquiries and investigations.

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Question

What is the main difference between written and unwritten constitutions?

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Answer

Written constitutions are documented in a single legal text and are generally rigid, while unwritten constitutions are derived from various sources and are typically more flexible.

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Question

What are the primary sources of the UK's unwritten constitution?

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The UK's unwritten constitution sources include statutes, common law, conventions, and works of authority.

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Question

What is a key difference between constitutional law and other laws?

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Constitutional law deals with the organization and powers of government institutions, while other laws regulate the behavior of individuals and corporations.

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How does the supremacy of constitutional law manifest in relation to other laws?

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Answer

Constitutional laws are considered superior to other laws, providing the basis for the entire legal system, and other laws must conform to constitutional principles.

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How does the amendability of the UK's unwritten constitution compare to that of written constitutions?

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Answer

In the UK, changes to the unwritten constitution can be accomplished through the regular legislative process, reflecting its more flexible nature, while written constitutions often require more stringent procedures.

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Question

What are the key characteristics of constitutions?

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Answer

Separation of powers, flexibility and rigidity, and parliamentary sovereignty.

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Question

What are the benefits of a flexible constitution?

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Answer

Adaptable to changing circumstances, efficient updates to societal norms, more effective policy-making.

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Question

What are the three branches of government in the separation of powers?

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Answer

Executive, legislature, and judiciary.

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Question

What is the role of the executive branch in the UK?

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Answer

Creating and implementing policies, managing public services, conducting international relations.

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Question

What are the four essential elements of parliamentary sovereignty in the UK?

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Answer

Parliament can create any law, no Parliament can bind a future Parliament, a valid Parliamentary Act cannot be challenged by courts, no other authority can challenge Parliament's laws.

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Question

What is the definition of Parliamentary Sovereignty?

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Answer

Parliamentary Sovereignty is the doctrine that the UK Parliament has the ultimate legal authority to create, alter, or revoke any law within its jurisdiction without being restricted by the judiciary or any external constraints. It means that Parliament has supreme power to legislate, and its decisions cannot be challenged or overridden by any other institution or body.

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Question

What are some landmark events that contributed to the development of Parliamentary Sovereignty in the UK?

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Answer

The Magna Carta (1215), which established the supremacy of law; the Bill of Rights (1689), which established Parliament's supremacy over the monarchy; and legal developments and cases such as R v Secretary of State for the Home Department, ex parte Factortame (1990), and Thoburn v Sunderland City Council (2002) have shaped and strengthened the concept of Parliamentary Sovereignty.

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Question

Are there any limitations to Parliamentary Sovereignty?

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Answer

Yes, Parliamentary Sovereignty is not absolute, and limitations exist such as those imposed by international treaties, EU law (prior to Brexit), the principle of the rule of law, and the devolution of powers to Scotland, Wales, and Northern Ireland.

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Question

What is the Doctrine of Implied Repeal in Parliamentary Sovereignty?

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Answer

The Doctrine of Implied Repeal is a principle in Parliamentary Sovereignty stating that if a later statute contradicts or conflicts with an earlier one, the later one is deemed to have repealed the earlier one, even without express repeal. It upholds two principles: no Parliament can bind a future Parliament, and Parliament cannot deprive itself of legislating power in any area.

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Question

What are constitutional statutes, and how do they relate to the Doctrine of Implied Repeal?

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Answer

Constitutional statutes are laws of special constitutional significance in the UK legal system that cannot be repealed impliedly, only expressly by Parliament. They limit the Doctrine of Implied Repeal, ensuring crucial constitutional provisions are not unintentionally overridden by later statutes.

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Question

How do courts uphold Parliamentary Sovereignty in the UK legal system?

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Answer

Courts uphold Parliamentary Sovereignty in the UK legal system by interpreting statutes according to parliamentary intent, not challenging the validity of Acts of Parliament, and conducting judicial review of public authorities' actions to ensure they align with the legal framework established by Parliament.

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Question

What was the European Court of Justice's decision in the case of Costa v ENEL (1964)?

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Answer

The ECJ established the supremacy of EU law over domestic legislation of member states.

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Question

How does Section 3 of the Human Rights Act 1998 (HRA) affect the interpretation of domestic legislation in the UK?

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Answer

Section 3 requires UK courts to interpret domestic legislation, as far as possible, in a way that is compatible with the Convention rights.

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Question

What is a declaration of incompatibility under Section 4 of the Human Rights Act 1998 (HRA)?

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Answer

A declaration of incompatibility is issued when courts find that a provision of primary legislation cannot be interpreted in a way compatible with the ECHR. It does not affect the validity of the legislation but signals Parliament to amend the law.

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Question

What are the two prominent challenges to Parliamentary Sovereignty in the UK?

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Answer

Calls for constitutional reform and strong judicial activism in the UK context.

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Question

Which four aspects contribute to the calls for constitutional reform affecting Parliamentary Sovereignty in the UK?

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Answer

Devolution, regional differences, electoral reform, and the role of the House of Lords.

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Question

How does strong judicial activism in the UK challenge the traditional understanding of Parliamentary Sovereignty?

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Answer

Judicial activism may result in judges interpreting the law in ways that advance policy outcomes, infringing on the domain of policymaking that traditionally rests with Parliament.

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Question

What is a key difference between the UK's unwritten constitution and written constitutions in terms of flexibility?

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Answer

Unwritten constitutions are generally more flexible and adaptable to changing circumstances, as they can evolve through legislation or the development of new constitutional conventions.

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Question

How does the judiciary's role differ between systems of Parliamentary Sovereignty and Constitutional Supremacy?

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Answer

In systems of Constitutional Supremacy, the judiciary has the power of constitutional review, allowing courts to strike down laws that violate the constitution. In the UK's system of Parliamentary Sovereignty, the judiciary focuses on upholding and interpreting Parliamentary Sovereignty rather than reviewing the constitutionality of legislation.

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Question

How does the balance of legislative power differ between Parliamentary Sovereignty and Constitutional Supremacy systems?

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Answer

Under Parliamentary Sovereignty, the legislature holds ultimate authority to create, amend, or repeal laws without constraints from other branches or sources of law. Under Constitutional Supremacy, legislative power is restrained by the requirements of the written constitution, ensuring that enacted laws align with the constitutional framework and the rights it guarantees.

Show question

Question

What is Implied Repeal in the UK legal system?

Show answer

Answer

Implied Repeal is a doctrine in British Constitutional Law, referring to the process where provisions of older legislation can be implicitly repealed by newer legislation due to inconsistencies between the provisions of the two Acts.

Show question

Question

What is the primary difference between Express Repeal and Implied Repeal?

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Answer

Express Repeal occurs when a newer law specifically states that it repeals an older law, while Implied Repeal occurs when there is a conflict between provisions of a newer and an older law, without the newer law explicitly stating that it repeals the older one.

Show question

Question

In which case is the doctrine of Implied Repeal based?

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Answer

The doctrine of Implied Repeal is based on the case of Thoburn v Sunderland City Council (2002).

Show question

Question

What concept is Implied Repeal derived from?

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Answer

Implied Repeal is derived from the concept of parliamentary sovereignty, which provides that Parliament has the ultimate authority to create and repeal laws.

Show question

Question

Which case confirmed that later statutes implicitly repeal earlier ones when there is an inconsistency?

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Answer

Ellen Street Estates Ltd v Minister of Health (1934) confirmed that if a later statute is so inconsistent with an earlier one as to render both impossible to stand together, the later statute implicitly repeals the earlier one.

Show question

Flashcards in Law3344

Start learning

What are the three main legal jurisdictions in the UK?

English law, Scottish law, and Northern Irish law

What does the term 'common law' refer to?

A legal system that relies on decisions from previous cases as a major factor in determining the outcome of new cases and interpreting the law.

What is the principle of 'separation of powers' in the UK legal system?

The separation of government powers into three distinct branches — Legislature, Executive, and Judiciary — to prevent any one body from becoming too powerful.

What roles do solicitors and barristers play in the UK legal system?

Solicitors provide legal advice on various matters and sometimes represent clients in courts, while barristers specialize in courtroom advocacy and expert legal advice in complex cases.

How does Scottish Law differ from English Law?

Scottish Law is a hybrid system with elements of common law, civil law, and unique Scottish law concepts, using different legal terminologies specific to Scotland.

What are some top law schools in the UK?

University of Oxford, University of Cambridge, London School of Economics (LSE), King's College London, University College London (UCL), University of Edinburgh, University of Glasgow, Queen’s University Belfast

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