POLI 212 Lecture Notes - Lecture 8: Enel, Europe 1, Ultra Vires
29 Mar 2017
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Document Summary
Common law (6 countries and various british former colonies) Civil law (most of the rest of the world) Law is a body of codes that apply equally to all citizens. Judges actively participate in seeking evidence, examine witnesses. Act like lawyers in the common law system. Politicians and judges have room to interpret them as needed. Case law based on precedent: like cases decided similarly. Judges interpret and enforce laws, which become precedent. Or reinterpret precedent to make a new precedent. Judges have much more political power in this system i. e. judicial review. Unwritten constitution = uk law is complex and dense body of legal rulings, precedents, customs, and conventions. Courts apply law using established legal procedures and precedents. Statutory judicial review: courts render an interpretation of constitution but do not declare law ultra vires (beyond the powers of) (looking at parliaments power in terms of secondary legislation)
