Framework of Law (A s3-4)
Monday, 26 August 2013
12:48 p.m.
Sources of Law
Three broad sources of law:
Legislation.
primary source of law
certain and made by Parliament
primary legislation: known as acts or statutes (same thing)
Parliament can authorise others to make delegated (secondary) legislation
eg. council bylaws, university regulations.
The Courts (Judiciary)
make case (judge-made) laws
courts are independent and interpret the law, not create them
case laws are made up of decisions and judgements
only some part of judgements make new law.
Conventions and Customs
practices recognised over time
cannot be enforced (courts cannot uphold convention)
Law as a guide
Conflict between two or more laws
if statute and case law conflict, the statute prevails. 
if two statutes conflict, the later prevails.
earlier statutes may be repealed. 
if two case laws conflict, the ruling of the higher court prevails.