POLI 212 Lecture Notes - Lecture 7: Enel, Supreme Court Of The United Kingdom, Ultra Vires
26 Apr 2017
School
Department
Course
Professor
Document Summary
Law is a body of codes that apply equally to all citizens. Judges enforce laws but don"t interpret the law. Judges actively participate in seeking evidence, examine witnesses. Case law based on precedent: like cases decided similarly. Judges, in contrast, interpret and enforce laws, which become precedent, or they base themselves off precedents. 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. Judicial review: act of enforcing constitutional rules. Canada, us and australian supreme courts may declare legislations ultra vires- emanates from their federal system. Prior to 2009, judicial of the privy council. Failure of courts in civil law systems to check abuses of legislature and exec (german courts upheld nazi takeover of laws) Reforms established constitutional courts that are separate from court system (not hierarchical)
