Similar wth language and grammar, my partner, a migrant knows her subjunctives from her gerunds but Brits in general haven't a clue. Similarly over her I've taken an interest in Irish, not to speak it, just got hooked by the dual language bus stop announcements, but the locals don't care, don'r know their lenition from their eclipsis or what a 'síneadh fada' is...secret.simon wrote: ↑Fri Sep 22, 2017 4:54 pmCorrect. UK law, well English law, operates on common law (Scottish law is a hybrid of the common and civil legal systems). Indeed, common law is a foundation of English law.greatscott wrote: ↑Fri Sep 22, 2017 3:17 pm"...Procedural legitimate expectations have been recognized in a number of common law jurisdictions..."
EU law, which is based on civil law, does not have the concept of legitimate expectations or indeed other concepts central to English and common law. I had suggested in another post that you may benefit from understanding the basis of the difference between the civil and common legal systems.
This post on Quora has a very good explanation of the difference in outlook between the two systems.As an aside, the idea or notion that there are laws that cannot be modified is anathema to English law. From an English legal point of view (this does not stretch to other common law jurisdictions, though I believe that New Zealand and Israeli law have similar outlooks), Parliament can make and unmake any law that it wishes....the level of abstraction in rules (which entails different ways of looking at facts and applying the law) plays a role in making Common and Civil law different.
The doctrine of Parliamentary Sovereignty can be summarised as
- Parliament can make laws concerning anything.
- No Parliament can bind a future parliament (that is, it cannot pass a law that cannot be changed or reversed by a future Parliament).
A key English constitutional principle is that "No Parliament can bind its successor". What was granted today can be withdrawn tomorrow and what was made today can be unmade tomorrow. There is no legal restriction on the ability of Parliament to change the law. There are always political considerations, but no legal or constitutional restriction.
- A valid Act of Parliament cannot be questioned by the courts. Parliament is the supreme lawmaker.
I do find it appalling that people born and raised in these isles do not have a fuller understanding of their constitution (or legal system) than me, a migrant.
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