POLI 212 Lecture Notes - Lecture 7: Supreme Court Of The United Kingdom, Ultra Vires, Federal Constitutional Court
19 Feb 2017
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Document Summary
Origin in roman law (justinian code c. 528 ce) Law is a body of codes that apply equally to all citizens. Politicians make the law, judges implement the law. Judges actively participate in seeking evidence, examine witnesses. Case law based on precedent: like cases decided similarly. Judges interpret and enforce laws, which become precedent. Room for local customs, traditions: uk. Unwritten constitution = uk law is complex and dense body of 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. Canada, us, australian supreme courts may declare legislation ultra vires. Prior to 2009, judicial committee of the privy council. Highest criminal court in england, wales, n. ireland. Cannot overturn primary legislation but may overturn secondary legislation. Only parliament has power to change the law, voters can change.
