Chapter 2 Key facts checklists

Sources of Law I: Domestic Legislation
  • Legislation is the most authoritative source of law and for the most part cannot be challenged by the courts. The courts do, however, have the power to interpret legislation that is unclear or ambiguous.
  • Legislation can be divided into primary and secondary legislation. Primary sources of legislation are known as Acts of Parliament whilst secondary legislation can consist of custom and byelaws, for example.
  • Domestic legislation is created by Parliament, which consists of the House of Commons, the House of Lords, and the Monarch. A bypass procedure exists where the House of Commons can pass legislation without approval of the House of Lords.
  • The European Communities Act 1972 and the Human Rights Act 1998 have had a significant impact on domestic legislation since their introduction. The effect of these sources of law may be questioned in light of Brexit.
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