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(p. 43) 3. Creating, Finding, and Applying the Law 

(p. 43) 3. Creating, Finding, and Applying the Law
(p. 43) 3. Creating, Finding, and Applying the Law

James Marson

and Katy Ferris

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date: 23 April 2021

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.

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