• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

There are many advantages and disadvantages to law making in parliament; however the advantages outweigh the disadvantages.

Extracts from this document...

Introduction

eTMA 02 Question 1 (a) - An Act of Parliament is any law debated and passed by parliament, this is also known as legislation and statutes. Example legislation is the Adoption Act 1976. (b) - Delegated Legislation is when another body or person creates law under the authority which has been passed to them, through the enabling act of Parliament. An example is as follows, The Working Time Regulations 1998 (SI 1998/1833) (c) - Within the UK Court structure the Supreme Court is the UK's highest court of appeal. The court of appeal and high court submit their cases for appeal to the Supreme Court, generally of significant importance, either public or deep seated. All decisions made by the Supreme Court are binding on all lower courts in the hierarchy. (d) - The Golden rule is an approach of statutory interpretation which every judge can use when overseeing any case. The Golden rule is an adaption to the literal rule (which looks at the statue word for word) and is used to avoid any ludicrous result that the Literal rule may cause. ...read more.

Middle

An example of a such a case is, R v R [1992] 1 AC 599. The change in the act acknowledged the feasibility of rape occurring during a marriage. Disadvantages; Some disadvantages of Law making in parliament will correspond with the advantages of secondary legislation (delegated legislation), for example, Law making in Parliament to make its way through the processes and receive the royal assent, can be a time consuming process. Whereas in regards to delegated legislation, the processes to introduce and Act takes much less time for example, The Export and Movement Restrictions (Foot-and-Mouth Disease) (No.2) Regulations 2007, which came into effect on the 5th of December 2007 and was only made an hour earlier. Although there is an intense level of scrutiny when an act is going through all of the stages, if the act is on a very specific or local subject matter, the expertise within Parliament will undoubtedly not be as strong than if the authority were to be passed on to a specific body to make the law under delegated legislation for example bylaws created by a local authority, an example of this kind is the Railway byelaws made under Section 219 of the transport act 2000. ...read more.

Conclusion

There are two further rules which are also used in regards to statutory interpretation, the golden rule is an adaption to the literal rule and is used to avoid any ludicrous result that the Literal rule may cause. An example of the Golden Rule being used in a case, Re Sigsworth [1935] Ch89. Also the Mischief rule, which looks at the statue before the law now in place and requests the court to make an educated decision on what the gap the new law now intended to cover. In regards to statutory interpretation the judge making the decision does indeed decide on the more intricate details of the law, only an adaption as to how the law is interpreted. Some judges form decisions around the law and the interpretation which could be transpired to be creating law, as the decisions made within that case do need to be followed as a form of precedent. In conclusion the information shows that Judges before the mid-13th century did create the law, since the UK Parliament came into effect the judges to this day no longer make the law we form our everyday lives to, but yet give an interpretation within the boundaries they have been given to allow for a fairer, more efficient judiciary system. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our University Degree English Legal System section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related University Degree English Legal System essays

  1. Describe how the system of the judicial precedent operates - Discuss the advantages and ...

    This makes it easier for people to understand what the law is and enable people to organise their businesses and make contracts. It also makes it easier for lawyers to advise their clients on what to do at court. This means that fewer cases have to go to court for a decision to be made.

  2. Does the law of nullity continue to have any valuable role to play in ...

    The issue is whether these marriages are to be regarded as void or a 'nothing' marriage. We see that in contemporary family we have certain religious people incorporating English law into their marriage ceremony in order for their marriage to be valid under English law for example ensuring that they have the marriage registered.

  1. Law Making - Judicial Precedent.

    rule applied because it produced a result, however, if the literal rule produces no result or an absurd result the judge is allowed to go to the next rule 2. The Golden Rule This is sometimes described as the Purposive approach.

  2. Where judges do not follow precedent (or where they distinguish binding cases on dubious ...

    it does exist, without pausing to embark on an investigation whether what was said was necessary to the ultimate decision. R v Seymour [1983] 2 All ER 1058, HL D had an argument with his mistress V as to who was to reverse so the other could drive past in a narrow lane.

  1. Judicial accountability

    power and misuse of public funds is taken up but researcher is unable to find even a single case where any judge was inquired by any commission under this Act. Further there is no provision in the Act, which could bring judiciary into purview of inquiry.

  2. The Advantages and Disadvantages of Commercial Arbitration.

    dismissed if they are considered "unreasonable" under sections 3 and 7 of the Unfair Contract Terms Act 1977. The courts extend time limits where it is just to do so, if unforeseen circumstances arise or one party behaves unreasonably. Arbitral decisions are not only fast but also definitive as the award is binding and subject to very limited appeal.

  1. Nature of Parliament

    This raises the question of which has supreme power. Parliament is the highest source of law and if a law has been passed according to parliament's rules, it is valid law and must be applied by the courts, even if it is unfair or unjust.

  2. Produce a report that looks at the functions of each court, with emphasis on ...

    The head of the Queen's Bench Division is the Lord Chief Justice whose appointment will be looked at later when discussing the criminal process, as he is also the head of the criminal process. As stated earlier the High Court also has an appellate function.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work