契约法和成文法.Common Law and Statute Law

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Cases which set precedence are invariably determined by the highest courts in the legal system, (primarily the COURT OF APPEAL OR THE HOUSE OF LORDS).
It is often the case that an Act sets out the general principles and empowers the government or some other official body to issue further requirements which provide the detail.
This form of law supersedes all other forms of law since Parliament is supreme in the land.
Delegated Legislation
Not all aspects of statute law are contained in the actual Acts of Parliament.
据】 by decisions in the courts【法院】.
Statute law - legislation【立法】 contained in precise written statements of
requirements emanating from parliament【国会立法】.
One of the drawbacks of case law is that, despite the doctrine of precedence, the outcome of cases, remains, to some extent, uncertain.
If it can be shown that the particulars of a case are different from any that precede it, then there is, effectively no law to be applied.
Common Law and Statute Law
Common Law and Statute Law
Common law - - rules of behaviour accepted(公认的)by society on the basis
of established(已制定的) custom anห้องสมุดไป่ตู้ practices, (风俗习惯)as evidenced【证
Legislation formed in this way is known as Delegated Legislation and is set out in STATUTORY INSTRUMENTS.
Delegated Legislation
Although, because of the supremacy of Parliament, no-one can challenge the authority of an Act of Parliament in the courts, it is possible to question the validity of delegated legislation and other decisions taken by bodies under powers granted to them by an Act of Parliament.
The United States is at once
a very new nation
The court may be guided by the principles applied in previous judgments in similar cases, but is not bound by them.
Statute Law
This is written law, produced through the parliamentary process, and contained essentially in Acts of Parliament.
This allows the law to be continually
revised and reinterpreted “in the light of current values and experiences.”
【法的不断完善,例子,遵循先例。】
Common Law – The Doctrine of Precedence
Common Law – The Doctrine of Precedence【优先主义】
The DOCTRINE OF PRECEDENCE requires that an inferior court always follows the decisions of a higher court. Thus, once a judgment has been made in a particular case, that decision will apply in any future cases which match the particulars of the first. 下级法院与上 级法院{法的适用,遵循先例,推翻先例,避开先 例}
Common Law – The Doctrine of Precedence
The effect of this doctrine is to ensure consistent application of the law throughout all the courts in the land.
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