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

Extracts from this essay...

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.

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.

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.

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