Principles and sources of English law：練習問題

Which body is usually authorized to create bylaws for the regulation of specific matters within a particular geographical area, such as a local council district?

If a government minister makes a piece of delegated legislation but fails to carry out the specific consultation required by the enabling Act of Parliament, the court can strike it down for being:

In which of the following scenarios would the Court of Appeal (Civil Division) be permitted to depart from its own previous decision according to the rules in Young v Bristol Aeroplane Co (1944)?

Which of the following is a fundamental characteristic that distinguishes civil law systems from common law systems?

In the hierarchy of English courts, which court generally has the power to depart from its own previous decisions using the 1966 Practice Statement?

In the context of legal systems around the world, what is the primary distinguishing feature of a civil law system compared to a common law system?

In the context of the legislative process, distinguish between a Green Paper and a White Paper.

Distinguish between procedural ultra vires and unreasonableness (Wednesbury unreasonableness) as grounds for challenging delegated legislation in court.

Explain the role and composition of the Law Commission as a mechanism for law reform. In your answer, discuss:
(a) The process by which the Law Commission selects and researches areas of law for reform.
(b) The effectiveness of the Law Commission in ensuring that English law remains modern and certain.

The doctrine of judicial precedent relies heavily on the hierarchy of the courts.

(a) Explain the difference between ratio decidendi and obiter dicta.
(b) Discuss the importance of law reporting to the operation of the doctrine.
(c) Analyze why the Supreme Court might choose to use the 1966 Practice Statement rather than the technique of distinguishing.