Delve into the intricate world of secondary law with this analytical overview. This resourceful guide provides an extensive understanding of this integral aspect of legal studies. Gain profound insights into the definition and key aspects of secondary law, explore its role in the European context, and analyse real-life examples of secondary legal authorities. This enlightening dossier stands as an indispensable tool for anybody keen on discovering the depths of secondary law.
Explore our app and discover over 50 million learning materials for free.
Lerne mit deinen Freunden und bleibe auf dem richtigen Kurs mit deinen persönlichen Lernstatistiken
Jetzt kostenlos anmeldenNie wieder prokastinieren mit unseren Lernerinnerungen.
Jetzt kostenlos anmeldenDelve into the intricate world of secondary law with this analytical overview. This resourceful guide provides an extensive understanding of this integral aspect of legal studies. Gain profound insights into the definition and key aspects of secondary law, explore its role in the European context, and analyse real-life examples of secondary legal authorities. This enlightening dossier stands as an indispensable tool for anybody keen on discovering the depths of secondary law.
You might be wondering what secondary law is. This term pops up frequently in legal studies and understanding its meaning is vital for anyone studying law, or indeed anyone trying to understand the legal system.
Secondary Law, simply put, consists of laws that are based on, or derived from, primary laws. These are the rules and regulations put in place to enforce or expand upon the principles established in primary law. They help interpret and implement primary laws by providing detailed guidelines and standards.
For example, primary law could state that all drivers must drive safely. Secondary law might then define 'safe driving' as observing specific speed limits, not using a phone while driving, adhering to traffic signals, and so forth.
In the EU legal system, secondary law is vital to the functioning of the Union. It helps in executing treaties, which are considered primary law, into practical policies.
Secondary laws build on the foundations laid by primary laws. They elaborate on the principles and provide practical applications and procedures for enforcement. Below are some key areas that secondary laws may cover:
Evidence Required | What constitutes admissible evidence |
Penalties | Establishing penalties for non-compliance |
Procedures | Detailing the procedures to be followed |
Definitions | Providing clear definitions of terms used in the primary law |
In the European legal system, secondary sources of law play a significant role. They are vital in ensuring smooth functioning and for providing elaborate explanations to the principles of primary law. Such secondary sources can be treaties, protocols, regulations, directives, or decisions from the European Court of Justice - ECJ. Their main objective is to interpret, elaborate, or enforce the principles established by primary law.
Secondary sources of law, unlike primary sources, don't hold absolute authority. Instead, they contribute to our understanding of primary laws. Below is a list of secondary sources of law, each with a brief description:
In the legal system, the status of case law as either a primary or secondary source frequently raises questions. Although nuanced, the distinction can be simply explained as follows:
Case law is considered a primary source when it creates or modifies law, such as when a court decision leads to a new interpretation of a statute or constitution. However, when case law is used in an explanatory role, giving context, or providing interpretation to existing laws, it is considered a secondary source.
For instance, if a court decision leads to a new understanding of a constitutional right - such as the right to privacy – this would create new law, and the case would be considered a primary source. However, if a lawyer were to later use that decision as a citation to aid in the interpretation of the right to privacy in a new case, then for that lawyer, the decision is acting as a secondary source.
Legislative history, the set of documents and communications produced in the process of passing legislation, serves as a secondary source of law. They often provide invaluable insights into what the legislature intended when passing a law.
Advanced law research, often involves a careful examination of legislative history to understand the spirit of the law better and to facilitate its correct interpretation and application.
The landscape of secondary law is vast and multifarious. As concrete illustrations of this concept can significantly aid in understanding, let's now delve into some diversified examples of secondary law.
Secondary legal authorities, often synonymous with secondary law, typically include legal documents and publications such as law reviews, encyclopaedias, treaties and conventions, academic texts and legal commentaries. They provide the legal sector not only with comprehensive explanations but also with valuable critiques and analysis of primary law.
Legal Encyclopaedias: Like their non-legal counterparts, legal encyclopaedias provide a wealth of information on a wide range of legal topics, including definitions, explanations, and relevant case citations. Their purpose is to explain and analyse, rather than create law.
Encyclopedia Britannica's guide on Human Rights law serves as a perfect example of secondary law. It analyses and interprets various human rights laws and conventions, offering detailed explanations on these primary laws.
Academic Texts: Legal textbooks and scholarly articles offer in-depth analyses of law and legal principles. They are frequently used by law professionals and students alike to gain insights into intricate legal concepts.
An example for an academic text providing secondary law could be 'Criminal Law and Procedure: An Introductory Guide – Fourth Edition' by Wiesje Raes and Laurens de Bock. This book delves into the fundamentals of criminal law and procedure, simplifying and explaining complex legal terminology and concepts.
While Case law can serve both as primary and secondary law, in its role as secondary law, Case law is used to elucidate the statues or legal principles derived from primary law. When judges deliver their judgments, the rationale and explanations given to interpret the primary law become case law and consequently serve as a secondary source.
For example, in the UK, the law of negligence was primarily developed through case law. Donoghue v Stevenson [1932] case established the modern duty of care in negligence and has since been used as secondary law as a point of reference in numerous cases today, interpreting and elaborating the duty of care principle.
Secondary law permeates the fabric of legal systems, providing guidance, regulatory control, and a deeper understanding of primary law. Lets take a closer look at some specific illustrations:
You can see from the above illustrations just how pervasive secondary law is in shaping, interpreting, and applying our legal systems.
What is Secondary Law?
Secondary Law consists of laws that are based on, or derived from, primary laws. They provide detailed guidelines and standards to enforce or expand upon the principles established in primary law.
How does Secondary Law help in the legal system?
Secondary laws help interpret and implement primary laws by providing detailed guidelines and standards. They provide practical applications and procedures for enforcement.
What are some legal instruments encompassed by Secondary Law?
Secondary law includes regulations, decisions, and directives. These legal instruments carry the force of law but do not originate directly from statutes or constitution.
What are some key areas that Secondary Laws may cover?
Secondary laws may cover what constitutes admissible evidence, establishing penalties for non-compliance, detailing of procedures to be followed, and providing clear definitions of terms used in the primary law.
What is the role of secondary sources of law in the European legal system?
Secondary sources of law play a vital role in the European legal system by interpreting, elaborating and enforcing the principles established by primary law. Common secondary sources include treaties, regulations, directives, decisions from the European Court of Justice, and others.
Can you enlist some examples of secondary sources of law in the European legal system?
Examples of secondary sources of law in the European legal system include treaties between states, regulations applicable to member nations, directives that set out a goal for countries, and decisions from the European Court of Justice.
Already have an account? Log in
Open in AppThe first learning app that truly has everything you need to ace your exams in one place
Sign up to highlight and take notes. It’s 100% free.
Save explanations to your personalised space and access them anytime, anywhere!
Sign up with Email Sign up with AppleBy signing up, you agree to the Terms and Conditions and the Privacy Policy of StudySmarter.
Already have an account? Log in
Already have an account? Log in
The first learning app that truly has everything you need to ace your exams in one place
Already have an account? Log in