English Legal System & Court Structure Flashcards

What does 'equity' mean in the English legal context?

Answer: A body of law developed by the Courts of Chancery to supplement the common law

Equity is a distinct body of law developed historically by the Lord Chancellor and Courts of Chancery to provide remedies where common law was inadequate or overly rigid.

What is a 'practice direction' in the English legal system?

Answer: Guidance issued by the courts on procedural matters

Practice directions are official guidance documents that supplement the Civil Procedure Rules or Criminal Procedure Rules, giving practical guidance on court processes.

Who appoints judges to the Supreme Court?

Answer: The Monarch on the advice of the Prime Minister, following selection by a commission

Supreme Court justices are appointed by the Monarch on the advice of the Prime Minister, following a selection process conducted by an independent selection commission under the Constitutional Reform Act 2005.

Which document sets out the Human Rights Act 1998 rights?

Answer: The European Convention on Human Rights

The Human Rights Act 1998 incorporated the rights contained in the European Convention on Human Rights into UK domestic law.

What is 'judicial review'?

Answer: A court's power to review the legality of decisions made by public bodies

Judicial review is the process by which the courts supervise the exercise of public power, ensuring that public bodies act lawfully, fairly, and rationally.

What is the 'doctrine of parliamentary sovereignty'?

Answer: Parliament is the supreme law-making body and no court can override an Act of Parliament

Parliamentary sovereignty is a fundamental principle meaning Parliament can make or unmake any law, and no body (including the courts) can override or set aside an Act of Parliament.