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Chapter

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

Alisdair A. Gillespie and Siobhan Weare

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.

Chapter

Alisdair A. Gillespie and Siobhan Weare

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.

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.

Chapter

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.

Chapter

This chapter discusses the administration of the legal system and introduces its essential elements. It begins by identifying the various sources of law in England and Wales and continues with an examination of the roles played by the judiciary in interpreting and applying legislation. It demonstrates the active and important role adopted by judges in giving the full effect of the law. It considers the law-making process, along with the workings of the parliamentary system and the use of delegated legislation. It also considers the sources of the law to identify where laws may derive, and delineates the ‘hierarchy’ of laws in England. The chapter concludes by identifying and critiquing the ability of Parliament to delegate the responsibility of passing legislation.

Chapter

This chapter discusses the administration of the legal system and introduces its essential elements. It begins by identifying the various sources of law in England and Wales and continues with an examination of the roles played by the judiciary in interpreting and applying legislation. It demonstrates the active and important role adopted by judges in giving the full effect of the law. It considers the law-making process, along with the workings of the parliamentary system and the use of delegated legislation. It also considers the sources of the law to identify where laws may derive, and delineates the ‘hierarchy’ of laws in England. The chapter concludes by identifying and critiquing the ability of Parliament to delegate the responsibility of passing legislation.

Chapter

This chapter considers the legal position of limited companies. Many businesses are run by limited companies. These range from international conglomerates to companies owned by one person running a small business. The discussions cover the concept of the company; sources of company law; registration; types of registered company; the company as a separate legal personality; and lifting the veil of incorporation.

Chapter

This chapter examines the various domestic sources of law in the UK, namely legislation, case law, and custom. Legislation comes in three forms: Acts of Parliament, subordinate legislation, and legal acts deriving from the European Union. This chapter describes the legislative process and discusses the tools of statutory interpretation through which legislation is interpreted by the courts. The chapter then moves on to look at case law, including a discussion of the doctrine of precedent and the distinction between the ratio decidendi and obiter dicta. Finally, the chapter concludes by looking at custom as source of law, noting the requirements in order for a custom to be given legal effect by the courts.

Chapter

This chapter considers the legal position of limited companies. Many businesses are run by limited companies. These range from international conglomerates to companies owned by one person running a small business. The discussions cover the concept of the company; sources of company law; registration; types of registered company; the company as a separate legal personality; and lifting the veil of incorporation.

Chapter

This chapter considers the legal position of limited companies. Many businesses are run by limited companies. These range from international conglomerates to companies owned by one person running a small business. The discussions cover the concept of the company; sources of company law; registration; types of registered company; the company as a separate legal personality; and lifting the veil of incorporation.

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

Janet O’Sullivan

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

Alisdair A. Gillespie and Siobhan Weare

This chapter continues the discussion of sources of domestic law, focusing on material produced by the courts through cases. It covers the reporting of cases, the hierarchy of courts, legal principles, and the operation of precedent. The courts operate a system of precedent known as stare decisis (‘let the decision stand’). The type of precedent set depends on the court sitting, with the most complicated rules occurring in the Court of Appeal. As a general rule of thumb, the court setting the precedent will bind every court below it but the real question is under what circumstances that court is bound by itself.

Chapter

This introductory chapter examines the functions of criminal law and discusses the sources of criminal law. These include common law and statutes, EU and international law, and the Human Rights Act 1998. It also considers the principle of fair labelling in criminal law and the codification of criminal law.

Chapter

This introductory chapter examines the functions of criminal law and discusses the sources of criminal law. These include common law and statutes, international law, and the Human Rights Act 1998. It also considers the principle of fair labelling in criminal law and the codification of criminal law.

Chapter

Alisdair A. Gillespie and Siobhan Weare

This chapter continues the discussion of sources of domestic law, focusing on material produced by the courts through cases. It covers the reporting of cases, the hierarchy of courts, legal principles, and the operation of precedent. The courts operate a system of precedent known as stare decisis (‘let the decision stand’). The type of precedent set depends on the court sitting, with the most complicated rules occurring in the Court of Appeal. As a general rule of thumb, the court setting the precedent will bind every court below it but the real question is under what circumstances that court is bound by itself.

Chapter

This chapter provides a brief introduction to the two main sources of public international law, treaty law and customary international law. It provides a basic overview of the law of treaties and explains the special status of obligations arising under the United Nations Charter. It outlines the key features of customary international law; examines the relationship between treaty law and customary international law; and revisits the idea of whether there is a hierarchy of sources in international law, and how conflicts between international law norms are to be resolved. The chapter also discusses the relationship between international criminal law and other branches of international law, specifically human rights law and international humanitarian law.

Chapter

This chapter provides an overview of the English legal system, introducing fundamental legal concepts, such as the nature of law and parliamentary sovereignty, and the differences between criminal law and civil law legal terminology, such as terminology and the outcomes. The sources of law, legislation in the form of Acts of Parliament or statutes and delegated legislation and common law or judge-made law are outlined. An outline of the courts is given, including the judges and the jurisdiction of the courts. The relationship between the English legal system and the European Union (EU) and the European Convention on Human Rights (ECHR) is explained.

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’.