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insists you do what their lawyer says.
Law in General
You probably feel by now that
you’ve had enough law to last you a
lifetime! The trouble is that aviation
is affected by a lot more about
normal commercial life that needs to
be known to protect your interests,
which, when you think we all started
off with Ten Commandments,
makes you wonder. The background
to some is international, but most
come about in the way that UK law
is usually created, the most
distinguishing feature being that not
all of it is written down. Luckily,
most of what concerns you is.
Common Law
Very briefly, but accurately enough
for our purposes, UK law
commences with the Common Law,
which derives its power from having
been around from "time
immemorial", a phrase which
technically means from before 1189,
and from not having been put into
abeyance by Act of Parliament.
272 Operational Flying
Common Law is not written down,
but its principles are regarded as
common knowledge among the
population, based on the idea that
people have certain rights as a result
of being created by God (who is
supreme). During medieval times,
when people went off on Crusades,
etc., they would return to find the
King had declared their lands vacant
and taken them for himself, which
would include towns, animals, serfs,
and the rest, so, on June 15, 1215,
various Lords forced King John to
sign the Magna Carta at Runnymede,
which guaranteed the common man
his rights, hence Common Law.
One of these was the right to enter
into contracts, and be bound by
them, which becomes relevant with
Public Transport, mentioned later,
but what’s more important right now
is the Common Law Right of
Silence, which means you're not
obliged to say anything to anyone on
the very reasonable premise of not
being expected to incriminate
yourself. New legal developments do
not propose to take this away, but
allow juries to take your silence, and
reasons for it, into account, which
may be commercial, or otherwise
(but see also Statements, below).
Common Law cannot be altered by
Parliament or any other authority. It
can, however, be put into abeyance,
but comes back into effect when
that provision is repealed or
replaced. The common law applies
unless it is expressly or necessarily
implied that it has been properly put
into abeyance by plain words in an
Act of Parliament.
In the US, Common Law was
replaced with Merchant Law in 1938,
at least at the federal level, because
there were two systems running at
once (i.e. Civil and Common), and it
needed to be sorted out. In fact, in
some states, such as Ohio, Common
Law activities are no longer legal,
including marriage.
Administrative Law
Parliament often makes laws about
subjects it knows nothing about, or
cannot keep up with, or which are
strictly for a local area (i.e. bye-laws),
so it may grant a suitably qualified
authority the power to make laws on
its behalf, which saves a lot of time.
This is known as subordinate
legislation (or more commonly, and
wrongly, as delegated legislation). The
Canadians call it Administrative Law,
which is a better name. It is brought
to the notice of the public mostly by
statutory instruments (in this context, an
"instrument" is another name for a
document), which is where we come
in, because that is how the Air
Navigation Order, and most other
laws that affect your professional
life, have been made (the ANO is
both a Statutory Instrument and an
Order in Council). In contrast, CAA
Charges Schemes are subordinate
legislation but not statutory
instruments, in the same position as
the appointment documents of an
Authorised Person, discussed later.
The major point concerning this
type of law is that it can be invalid
under certain circumstances, whereas
an Act of Parliament cannot. When
this happens, it is known as being
ultra vires when it purports to deal
with subjects outwith its terms of
reference (ultra vires is Latin for
"outside the powers"). This could be
where some conditions concerning
its existence are not fulfilled, such as
the print size in the SI document
Legal Stuff 273
being not the same as specified. You
may think this is a technicality, but
this method of law-making must
have strict controls, for obvious
reasons, and every effort is made to
　
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