1. SOURCES OF LAW
A (very) BRIEF OUTLINE

2. SOURCES
Common Law
Equity
Legislation

3. 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

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

5. 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

6. 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?

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

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

9. 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