PRAVNI ZAPISI • Year III • No. 1 • pp. 22-35

SOME ISSUES CONCERNING THE RELATION BETWEEN STATUTORY AND JUDGE-MADE LAW IN ENGLAND

Language: Serbian

Prof. dr Vranjanac Dušan
Vanredni profesor, Pravni fakultet Univerziteta Union u Beogradu
email: medonja@yubc.net

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Pravni zapisi, No. 1/2012, pp. 22-35

Review Article

DOI: 10.5937/pravzap1201022V

KEY WORDS
statute; precedent; statutory control; parliamentary sovereignty; statutory interpretation

ABSTRACT
This article deals with some questions concerning the relation between statutory and judge-made law. After the introductory part, which provides some general information concerning statutes and precedents in England, the author focuses upon some questions and problems regarding the relationship between these two kinds of sources of law. The discussion concerns three basic questions: 1) are the courts in any way authorised to control the Acts of Parliament; 2) what is the scope of statutory interpretation; and, 3) do the courts at present time have jurisdiction to determine whether what purports to be an Act of Parliament is an authentic statute which they are bound to apply.