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
3. Domestic sources of law
Chapter
3. Sources of English Law
This chapter discusses the sources of English law, legislation, custom, case law, and EU law. It includes detail of how an Act of Parliament is created, an explanation of delegated legislation, and how legislation is interpreted by the courts. In considering case law, the importance of judicial precedent and how the system of precedence functions is fully explained. The chapter also discusses the major institutions of the EU including the jurisdiction of the Court of Justice of the European Union. The sources of EU law, treaties, regulations, directives, and decisions are outlined. The chapter outlines the 2016 referendum and the position of EU law in the UK during the negotiation period for the UK’s exit from the EU and the likely impact of the UK’s exit from the EU. Detail is given of the rights protected under the European Convention on Human Rights and Fundamental Freedoms and the impact of the Human Rights Act 1998.
