- Dedication
- Preface
- Approach of the book
- New to this edition
- Latest news
- Guide to the Online Resource Centre
- List of abbreviations
- Part I The English legal system
- 1. What is law?
- 2. The administration of the law
- 3. Domestic sources of law
- 4. Europe and the English legal system
- Part II The law of contract
- 5. An introduction to the law of contract
- 6. The formation of the contract
- 7. The terms of the contract
- 8. The law of agency
- 9. Unfair terms
- 10. Vitiating factors
- 11. Discharge of the contract
- 12. Remedies for breach of contract
- Part III The law of torts
- 13. An introduction to the law of torts
- 14. The tort of negligence
- 15. Business-related torts
- 16. Vicarious liability
- 17. Tortious defences and remedies
- Part IV Partnership law and company law
- 18. Unincorporated business structures
- 19. Incorporation and bodies corporate
- 20. The constituents of a company
- 21. Shares and capital maintenance
- 22. Directors’ duties
- 23. Members’ remedies
- 24. Corporate rescue, insolvency, and dissolution
- Part V Employment law
- 25. The contract of employment
- 26. Employment rights, and health and safety
- 27. Discrimination law
- 28. The termination of employment
- Appendix 1: Bonus Chapters
- Table of cases
- Table of legislation
- Index
(p. 43) 3. Domestic sources of law
- Chapter:
- (p. 43) 3. Domestic sources of law
- Author(s):
Lee Roach
- DOI:
- 10.1093/he/9780198748380.003.0003
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.
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- Dedication
- Preface
- Approach of the book
- New to this edition
- Latest news
- Guide to the Online Resource Centre
- List of abbreviations
- Part I The English legal system
- 1. What is law?
- 2. The administration of the law
- 3. Domestic sources of law
- 4. Europe and the English legal system
- Part II The law of contract
- 5. An introduction to the law of contract
- 6. The formation of the contract
- 7. The terms of the contract
- 8. The law of agency
- 9. Unfair terms
- 10. Vitiating factors
- 11. Discharge of the contract
- 12. Remedies for breach of contract
- Part III The law of torts
- 13. An introduction to the law of torts
- 14. The tort of negligence
- 15. Business-related torts
- 16. Vicarious liability
- 17. Tortious defences and remedies
- Part IV Partnership law and company law
- 18. Unincorporated business structures
- 19. Incorporation and bodies corporate
- 20. The constituents of a company
- 21. Shares and capital maintenance
- 22. Directors’ duties
- 23. Members’ remedies
- 24. Corporate rescue, insolvency, and dissolution
- Part V Employment law
- 25. The contract of employment
- 26. Employment rights, and health and safety
- 27. Discrimination law
- 28. The termination of employment
- Appendix 1: Bonus Chapters
- Table of cases
- Table of legislation
- Index