公司法和商法(双语)讲义 第2章Corporate and Business Law Chapter 2.doc

公司法和商法（双语）讲义 第2章Corporate and Business Law Chapter 2 Sources of English law Overview SOURCES Case law Statute Europe Common Equity Primary Secondary Primary Secondary law 1 Sources of law (a) Common law (b) Equity (c) Statute (legislation) including delegated legislation (d) European Union Law Case law-------based on the principle of judicial precedent Legislation-------made by or with the authority of Parliament EU law--------as a result of Britains membership of the European Union 2 Common law and equity 3 Statute (primary law) 3.1 Acts of Parliament: Created by parliament. All new statutes should be compatible with HRA 98. Courts cannot strike out an Act of Parliament. Procedure: Green paper: Discussion document White paper: Statement of policy (a) First readingNo debate - Bill is introduced to the timetable of the house. (b) Second readingGeneral debate and vote. (c) Committee stageBill is scrutinized and amendments suggested. (d) Report stageAmendments reported back to the House. (e) Third readingBrief debate and vote. (f) Same procedure in other House(House of Lords has power to amend and delay passage of Bill: Parliament Acts 1911-1949). (g) Royal assentStudy point: Ensure you know what happens at each stage. Overview DELEGATED LEGISLATION Delegated Types Controls Advantages Disadvantages bodies 3.2 Delegated Legislation: (Secondary law) Created by persons/bodies to whom parliament has delegated powers e.g. government ministers, local authorities, Inland Revenue and Customs and Excise. Delegation made possible by an Enabling Act. (a) Types:  Orders in Council  Byelaws  Statutory instruments - Acts of devolved assemblies (b) Controls:  Parliamentary: House of Commons committee on statutory instruments - Statutory instruments must be laid before parliament prior to enactment although some require positive parliamentary approval - Judicial: Courts may declare them ultra vires (beyond capacity) (unlike Primary Acts). They must be com