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Il ruolo del Parlamento e la Corte

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  • Note di Apprendimento
  • Revisione degli argomenti
    Charles M.
    GB
    Charles M.

    In the United Kingdom Parliament is the supreme law making body. Parliamentary legislation is the most important formal source of law and it reflects the policies of the government in power. The law made by judges is called case law or common law. Superior courts establish case law which is contained in reports such as the Scottish Criminal Case Reports and put in libraries for future reference. Courts make law when a case for dispute has to be resolved. A precedent will be established or modified or re-interpreted. However the courts main role is the settlement of disputes, not making laws.

    Sorie T.
    SL
    Sorie T.

    The primary role of parliament is to make laws whilst the courts only make laws in deciding cases which called common laws or case law

    Sophal S.
    KH
    Sophal S.

    I have problem with the meaning of the words "barristers and solicitors" in the text. So please help me what is the differences between them? Thanks for kind explanation. Regards,

    Peter Awuni A.
    GH
    Peter Awuni A.

    Can a case law be used outside other courts apart from that court?

    Joseph S.
    UG
    Joseph S.

    Role of Parliament and the Courts How do judges make law? Judges make law by deciding cases. The law made by judges is called case law or common law. All courts can make new 'decisions' but in practice it is the superior courts of record that establish case law. These courts include both the original and appellate jurisdictions of the High Court, Family Court, Federal Court and Supreme Court. Law made by judges is contained in the law reports, held in law libraries for future reference by judges, barristers and solicitors. It is important to remember that judges have no formal authority to make law. Law made by judges is a secondary consequence or by-product of the dispute-settling role. Parliament's primary role is law-making. As such, judges can only 'make' law if and when a case for dispute comes before them for resolution. In resolving the case, a court may make a new precedent, modify an existing precedent or interpret the meaning of words in legislation in a new or novel way.

    Joseph S.
    UG
    Joseph S.

    how can case law and common law be effected

    ×omer A.
    RU
    ×omer A.

    All courts can make new 'decisions' but in practice it is the superior courts of record that establish case law

    SAMORA P.
    US
    SAMORA P.

    What laws do the judges make ?

    Fuat Y.
    TR
    Fuat Y.

    "In resolving the case, a court may make a new precedent, modify an existing precedent or interpret the meaning of words in legislation in a new or novel way" Sounds to me that the court or judges can make up the law as they move along with the case.

    Nora S.
    US
    Nora S.

    Parliament is made up of three central elements: the House of Commons, the House of Lords and the Monarchy. The main business of Parliament takes place in the two Houses. Generally the decisions made in one House have to be approved by the other.

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