eTMA 02
Behnam Kholafaei
Question1 (1):
To explain in your own words what An Act of Parliament is with examples?
Laws made by parliament are called Acts of Parliament, also known as statutes or legislation, and they create new laws or change existing laws.
An act of parliament is a written plan for a proposed new law to be accepted by the House of Commons and the House of Lords.
For example, in order to deal with a new development or crisis, the government’s response to developments in cloning following the creation of Dolly in 1996 was to introduce the Human Reproductive Cloning Act 2001, making the insertion of a cloned embryo into a woman a criminal offence.
(98 words)
Question 1 (2): To explain in your words what delegated legislation is with examples?
The parliament can give power to create law to other authorities through ‘enabling acts’, so delegated legislation is law created by other bodies to which the power has been given by the Parliament.
There are five type of delegated legislation: statutory instruments, byelaws, Orders in Council, Court Rule committees and professional regulations.
An example of a byelaw made by a local authority is the Trafalgar Square and Parliament Square Garden Byelaws 2002 (Greater London Authority Act 1999, Section 385[1]), where the Mayor of London was delegated the authority to make laws needed for the security and management of the two Squares.
(101 words)
Question 1 (3): Explain in your own words why the courts might be called upon to interpret a Statute?
In a statute there could be a number of problems, such as: words/phrases being too broad, vague or ambiguous; drafting or printing errors; meaning of words being out of date due to technological developments or the passage of time; words implied but not actually stated; or the law not covering the specific situation at hand.
There are a variety of rules in existence to aid the judges with statutory interpretation, but generally speaking the courts may need to identify words missing, provide guidance and appropriate interpretations, or expand and re-interpret laws.
(91 words)
Question 1 (4): What is the system of precedent?