This chapter examines the sources of domestic law. There are two sources of law (primary sources and secondary sources). Primary sources are considered to be those ‘authoritative’ sources that are produced by the legal process itself. Secondary sources are sources that are produced by others and are, in essence, a commentary on the law. Primary sources of law include statutory material and this itself is divided into two types of material: primary legislation (Acts of Parliament) and secondary legislation (Statutory Instruments, Orders in Council, etc). Statutes are Acts of Parliament and are either Public Acts (Acts that are of general application) or Private Acts (which are limited to a certain body). An Act will normally have to pass both the House of Commons and House of Lords and then receive Royal Assent before it becomes an Act of Parliament.
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This chapter examines the sources of domestic law. There are two sources of law (primary sources and secondary sources). Primary sources are considered to be those ‘authoritative’ sources that are produced by the legal process itself. Secondary sources are sources that are produced by others and are, in essence, a commentary on the law. Primary sources of law include statutory material and this itself is divided into two types of material: primary legislation (Acts of Parliament) and secondary legislation (Statutory Instruments, Orders in Council, etc). Statutes are Acts of Parliament and are either Public Acts (Acts that are of general application) or Private Acts (which are limited to a certain body). An Act will normally have to pass both the House of Commons and House of Lords and then receive Royal Assent before it becomes an Act of Parliament.
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This chapter introduces you to the study of the English legal system in higher education. After explaining some of the different expectations of studying at this level, the chapter’s focus is on how you will learn and how to succeed on the module. There is considerable advice and tips on how to get the most out of lectures and seminars. The coverage introduces some key terminology and emphasises the importance of independent research and reading both primary (legislation and case law) and secondary sources (textbooks and journal articles). Finally, the chapter discusses and provides guidance on how to tackle commonly used assessments such as written essays, oral presentations, and examinations.
Chapter
This chapter introduces you to the study of the English legal system in higher education. After explaining some of the different expectations of studying at this level, the chapter’s focus is on how you will learn and how to succeed on the module. There is considerable advice and tips on how to get the most out of lectures and seminars. The coverage introduces some key terminology and emphasises the importance of independent research and reading both primary (legislation and case law) and secondary sources (textbooks and journal articles). Finally, the chapter discusses and provides guidance on how to tackle commonly used assessments such as written essays, oral presentations, and examinations.
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This chapter describes the role of books (student textbooks, cases and materials books, monographs, practitioners’ books, legal encyclopaedias and digests, dictionaries, revision guides), journals (general journals, specialist journals, practitioner journals, foreign journals), and official publications (Command Papers, bills, parliamentary papers, parliamentary debates, Law Commission reports) among the secondary sources which may be encountered during legal studies.
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There are a range of important sources of law beyond legislation and case law. These are materials that provide information on the content, meaning, and operation of the law and help students in their quest to understand the law. This chapter explains how to find these important supplementary resources. It covers books, journals, official publications, Halsbury’s Laws of England, Bills, and Hansard (Official Reports of Parliamentary Debates).
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There is a range of important sources of law beyond legislation and case law. These are materials that provide information on the content, meaning, and operation of the law and help students in their quest to understand the law. This chapter explains how to find these important supplementary resources. It covers books, journals, official publications, Halsbur
y’s Laws of England, Bills, and Hansard (Official Reports of Parliamentary Debates).
Chapter
This chapter describes the role of books (student textbooks, cases and materials books, monographs, practitioners’ books, legal encyclopedias and digests, dictionaries, revision guides), journals (general journals, specialist journals, practitioner journals, foreign journals), and official publications (Command Papers, Bills, Parliamentary papers, Parliamentary debates, Law Commission reports) amongst the secondary sources which may be encountered during legal studies.
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Scott Slorach, Judith Embley, Peter Goodchild, and Catherine Shephard
This chapter first explains the purpose of legal research. It then discusses approaches and strategies for carrying out legal research in both academia and practice, which include planning, research techniques, updating, and recording and presenting research. It also considers primary and secondary sources of legal material.
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Scott Slorach, Judith Embley, Peter Goodchild, and Catherine Shephard
This chapter explores legal research and research skills in practice. It explains the purpose of legal research. A practical legal research strategy is provided, and guidance is given on each stage of that strategy. Information is provided about how to analyse a research task. Different types of resources are considered, including primary and secondary sources. Consideration is given to electronic sources, and how to identify a decent electronic source from one which is not appropriate. Information is provided about the most popular online databases, including how to ensure your research is up to date. Finally, guidance is provided about how to record the research trail and how to report the results of the research.
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This chapter examines the lawmaking powers of the European Union (EU) in the context of its Treaties. It explains that the EU has the competence to make law of various types (including secondary legislation, soft law, delegated acts and implementing acts) in a broad range of areas and that the amendments to the lawmaking procedures have affected the institutional balance, giving an increased role to the European Parliament. It discusses the changes made to improve the level of democracy at EU level, to address concerns that EU law-making has a ‘democratic deficit’ and lacks transparency and proportionality. The chapter also considers the different aspects of EU competence, describes the lawmaking process and sources of EU law and also addresses questions concerning the determination of exclusive, shared and concurrent competence, particularly in the context of subsidiarity. Furthermore, it examines the rules on the EU adopting legislation without all Member States participating (closer cooperation).
