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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The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flow charts. This chapter gives guidance on answering coursework questions and expands on the distinguishing features of coursework which are research, authorities and citation. You will be expected to have researched in more than usual depth to answer these types of questions and to give full as well as accurate references for your arguments and analysis. The chapter also covers writing and reading; sources; academic writing; keeping organised notes; analysis, writing style and referencing; and assessment criteria. A coursework example question, with accompanying answer guidance, is also available.
Chapter
This chapter provides an introduction to the UK Constitution and sets out a foundation upon which discussions in later chapters further develop. It starts by exploring definitions of constitutions, placing the unique UK system within commonly accepted themes and characteristics. It then moves to explain the nature and form of the UK Constitution and some of the sources of which it is constructed, as well as exploring some of the more theoretical considerations as regards its character, including the way in which it is legitimized. The final section entertains academic questions concerning whether or not the UK can be said to have a constitution, including discussion of the case for and against a codified system.
Chapter
This chapter provides an introduction to the UK Constitution and sets out a foundation upon which discussions in later chapters further develop. It starts by exploring definitions of constitutions, placing the unique UK system within commonly accepted themes and characteristics. It then moves to explain the nature and form of the UK Constitution and some of the sources of which it is constructed, as well as exploring some of the more theoretical considerations as regards its character, including the way in which it is legitimised. The final section considers academic questions concerning whether or not the UK can be said to have a constitution, including discussion of the case for and against a codified system.
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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.
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Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter offers an introduction to the law of contract and contract theory. It explains that the law of contract provides the ground rules for what is needed for a contract to be valid and enforceable and for resolving disputes. It introduces the reader to key themes and concepts in the law of contract, and considers the crucial borderlines with others legal subjects, such as tort, restitution and public law. This chapter also considers some international developments beyond the domestic law of contract.
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.
Chapter
Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. This chapter explains how international law is made through the formation of customary international law and the making of treaties, and how tribunals apply other sources of law such as ‘general principles’ of law and ‘soft law’ principles derived from resolutions of international organizations.
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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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This chapter begins with an overview of company law and the role of directors and members. It then discusses: the sources of company law (UK Companies Acts, case law, European law, human rights legislation, and self-regulation); the process of company law reform; the purpose of company law; classification of companies; companies and partnerships; and incorporation, registration, and the role of the registrar.
Chapter
Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter offers an introduction to the law of contract and contract theory. It explains that the law of contract provides the ground rules for what is needed for a contract to be valid and enforceable and for resolving disputes. It introduces the reader to key themes and concepts in the law of contract, and considers the crucial borderlines with others legal subjects, such as tort, restitution and public law. This chapter also considers some international developments beyond the domestic law of contract.
Chapter
This chapter provides an overview of the legal sources in international law. Sources of law determine the rules of legal society and, like national legal societies, the international legal society has its own set of rules. The discussion begins in Section 2.2 with article 38 of the International Court of Justice Statute. Section 2.3 discusses treaties, Section 2.4 covers customary international law, and Section 2.5 turns to general principles of international law. Attention then turns to the two additional sources listed in article 38. Section 2.6 discusses judicial decisions and Section 2.7 examines academic contributions. Section 2.8 discusses the role played by unilateral statements. The chapter then turns to the issue of a hierarchy of sources in Section 2.9 and concludes in Section 2.10 with a discussion of non-binding instruments and so-called ‘soft law’.
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This chapter examines the sources of international law, ie the norms of international law that give validity to all the other international legal norms. These are enumerated in Art 38 ICJ Statute. Although quite dated, this Article is still considered as enunciating an authoritative list of the sources of international law. These are treaties; custom; general principles of law recognized by States; judicial decisions; and international theory as subsidiary sources. Particular emphasis is placed on custom, consisting of an objective element, the general practice of States, and a subjective element, the opinio juris, ie consisting of a legal conviction. There is no hierarchy between the sources of international law and both treaties and custom may exist alongside each other.
Chapter
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.
Chapter
This chapter provides an overview of the legal sources in international law. Sources of law determine the rules of legal society and, like national legal societies, the international legal society has its own set of rules. The discussion begins in Section 2.2 with article 38 of the International Court of Justice Statute. Section 2.3 discusses treaties, Section 2.4 covers customary international law, and Section 2.5 turns to general principles of international law. Attention then turns to the two additional sources listed in article 38. Section 2.6 discusses judicial decisions and Section 2.7 examines academic contributions. Section 2.8 discusses the role played by unilateral statements. The chapter then turns to the issue of a hierarchy of sources in Section 2.9 and concludes in Section 2.10 with a discussion of non-binding instruments and so-called ‘soft law’.
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This chapter, which determines whether or not commercial law is a distinct legal topic, begins with a much quoted passage from Professor Sir Roy Goode stating that the answer to the question may, in fact, be no. According to Goode, if commercial law is used to refer to ‘a relatively self-contained, integrated body of principles and rules peculiar to commercial transactions, then we are constrained to say that this is not to be found in England’. Without such unifying principles, it merely amounts to a ‘label which is useful for gathering together diverse material with no obvious home of its own, so as to aid exposition on a lecture course or in a textbook, or for the better organisation of the business of the High Court of Justice … but no more’. The chapter also charts the evolution of commercial law, from the creation of the lex mercatoria through to the development of transnational commercial law. Finally, the chapter discusses the various sources of commercial law.
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This chapter analyses the organisational structure created by company law for the conduct of business through its five core features: recognition of the company as an entity distinct from all its shareholders; limited liability for shareholders; specialised management, separate from the shareholders; the lock-in of the shareholders’ contributions coupled with ease of transfer of the shareholder interest; and free allocation of rights of control over the company to the members of the company. At the same time, the chapter identifies the agency problems created by this structure, the regulation of which is discussed in the following chapters. The chapter also briefly sketches the multiple sources of company law.
Book
Steve Wilson, Helen Rutherford, Tony Storey, Natalie Wortley, and Birju Kotecha
English Legal System gives an understanding of the operation of the law and the legal system which is essential to the laying of a solid foundation upon which to build further legal studies. After offering practical advice on how to study the English legal system, an overview is given of the nature of law, the sources of law, how the English legal system operates, the courts of England and Wales, and some of the important institutions and personnel of the law. How legislation is made and how it is interpreted are discussed. How judges make law and how this process is governed by the doctrine of judicial precedent are explored. The rule coming from a case, the ratio decidendi, and other statements of law, obiter dicta, are explained. The book considers the impact of membership of the European Union (EU) and being a signatory to the European Convention on Human Rights (ECHR). The institutions and personnel of the law, such as juries, judges, and lawyers are covered. The criminal process, from arrest to trial to sentencing, is explained and analysed. Resolution of disputes through the civil courts and tribunals is explained, as is the civil process. Alternative methods of dispute resolution, e.g. mediation and arbitration, are also considered.
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This chapter introduces the main resources and techniques needed for legal research, the development of legal ‘information literacy’, and the appropriate methods to undertake research: the capabilities necessary for learning and working in an information-rich, digital society. It demonstrates how digital technologies are changing the nature of law and legal information from physical to a virtual space, and with it the research process. Digital media have created new challenges, for example for intellectual property law, for data security and protection, and for the criminal law in responding to a wide range of electronic crime. The discussion of specific research tools and techniques covers literary sources; case law; legislation; EU law; and using a number of online resources.
