Sources of Health and Safety Law
The ability to set out the sources of health and safety law is a topic that is frequently examined, and the level of complexity of the answer depends on the level of course that you are studying.
For completeness this introductory article deals with the key concepts.
Types of Law Most jurisdictions benefit from two types of law:
- Criminal Law - which is concerned with offences against the state, and
- Civil Law - which is concerned with offences against the person.
Sources of Law In addition to which each of these two types of law generally have (the same) two sources of law:
- Legislation - Statutes passed by the state and (in common law jurisdictions)
- Common Law - The body of precedents set in judicial decisions.
Again, we’ll return to these components in further articles and within the study guides we are writing, but for now note that we are concerned with two types and two sources of law.
Examples
Type | Source | Example |
---|---|---|
Criminal Law | Legislation | Health and Safety at Work etc. Act 1974 |
Criminal Law | Common Law | Murder / Manslaughter |
Civil Law | Legislation | Occupiers Liability Acts |
Civil Law | Common Law | Donoghue v Stevenson [1932] UKHL 100 |