SOURCES OF LAW A (very) BRIEF OUTLINE

SOURCES Common Law Equity Legislation

COMMON LAW Created by decisions of courts. E.g. much of contract created by courts although now overlaid with statutory provisions e.g. Sale of Goods, consumer laws, employment law. Most of the law of Negligence is common law. Some criminal law but most now legislation

Benefits of common law (case law) Can be flexible ( adapted to suit situation) Can adapt to suit social change and attitudes

Criticism of Common Law Too inflexible ‘After the event’ – too difficult to predict any outcome Bound by precedent Takes too long to change law Depends on individuals bringing cases and also having funds to pursue any appeal

EQUITY Created to temper the harshness of the common law. E.g. trusts, injunctions Remedies are discretionary – compare common law remedies e.g. damages Lord Chancellor’s role - who was/is he?

LEGISLATION PRIMARY LEGISLATION = Acts of Parliament Parliamentary sovereignty SECONDARY LEGISLATION = statutory instruments /bye-laws Risk of ‘arbitrary lawmaking’?

EUROPEAN UNION TREATIES REGULATIONS DIRECTIVES RULINGS FROM THE EUROPEAN COURT OF JUSTICE (CASELAW)

HUMAN RIGHTS European Convention of Human Rights Human Rights Act incorporated this into UK law. Important Articles for the media: No. 6 = Fair trial (Contempt = reporting) No. 8 = Right to a private life (invasions of Privacy) No.10 = Freedom of Expression