2 common law sources.ppt

Delegated Legislation（授权立法） The body making it must firstly be given the power to make it by parliament. By an Act of Parliament. (e.g. The local government Act) E.g. bylaws in a park “Ultra vires”(超越权限的 ), void Delegated Legislation（授权立法） 1.Statutory Instruments（法定文件） 2.Bylaws（内部细则） 3.Acts of Sederunt（民事法院规定） 4.Acts of Adjournal（刑事法院规定） Statutory Instruments（法定文件） 1.Orders in council（枢密令） Orders in council are rules passed by the Queen and her privy council（枢密院）. They are only made in times of national emergency. national strike(全国大罢工)，rubber stamp（橡皮图章，例行公事地通过） What is Privy Council？ body of advisors to the British Sovereign. Its members are largely senior politicians, who were or are members of either the House of Commons or House of Lords was formerly a powerful institution, but its policy decisions are now controlled by one of its committees, the Cabinet of the United Kingdom. It advises the Sovereign on the exercise of the Royal Prerogative, and issues executive orders known as Orders-in-Council and Orders of Council. 2.Ministerial regulations（部级规章） Minister of the Crown(大臣) Fill in the technical details of an act of parliament Fleshed out（充实） For example，an act related to education 3.By laws（地方政府条例、细则） Local authorities，public corporation or The National Trust for Scotland. The Secretary of State for Scotland Local needs and conditions Acts of Sedurant and Acts of Adjournal This type of rules are made to regulate procedure in the Scottish courts. Acts of sedurant are rules made by the Court of Session（最高民事法院）judges in order to regulate procedure against decisions of the licensing board to the Civil Courts. Acts of adjournal are rules made by the High Court judges to regulate procedure in the Scottish Criminal Courts High Court of Justiciary Common Law Sources 1.Judicial Precedent（司法先例）( the most influential of the common law sources) 2.Custom（习惯法） 3.Equity（公正观念） 4.Institutional Writings（经典法律著述） ﹡Doctrine of judicial precedent （司法先例） If a legal dispute or