Legal competence in environmental health by Terence Moran

By Terence Moran

Legal Competence in Environmental Health assists the environmental surgeon in knowing the operation of English legislations and navigating via a few of its complexities. It covers these facets of the paintings that are regulated via criminal rules yet now not present in a unmarried statute.

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They give an insight into those matters the judge, and therefore the Environmental Health Officer, might have regard to in assessing matters relating to fitness should they arise in a later case. This is therefore highly persuasive. Persuasive precedents are statements which a later court will respect but need not follow. These will include the following: (a) obiter dicta (b) ratio decidendi of inferior courts (c) ratio decidendi of Scottish, Commonwealth or foreign courts (d) statements of the Judicial Committee of the Privy Council.

It can make the law inflexible and appear to be out of time with the society it is meant to serve. This is not however inevitable and an understanding of the method of operation of the system of precedent can reveal how it is able to accommodate the apparently opposite concepts of certainty and flexibility into a workable system of law. Precedent is sometimes referred to as the law made by judges or the common law. Strictly precedent is not common law, though the rules of the common law have been Copyright 1997 Terence Moran incorporated into judicial decisions and thus become part of the system of judicial precedent to the point that it is hard for the layman to see the difference.

The use of round brackets indicates here that the date is not an essential part of the reference as the report gives a number (11) to the volume of the report. Sometimes it may be possible to be even more accurate in referencing as some of the reports will have the individual paragraphs labelled by letter. B. ’ The letter ‘c’ after the page number here indicates where precisely the paragraph containing the quote is to be found on the page. Some of the most common law report abbreviations likely to be encountered by the Environmental Health Officer are reproduced below.

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