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AS and A Level: Sources of Law
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Q.Analyse critically the main types of delegated legislation. How necessary and how desirable is delegated legislation within the legal system as a whole?
After 5 years of which the court decided that it had been a mistake tp downgrade cannabis and another Order in Council was issued changing cannabis back to a Class B drug. The Enabling Act, Constitutional Reform Act of 2005 gives power to make Orders of Council to the Privy Council to alter a no. of Judges in Supremem Court. 2.Statutory Instruments: These are rules and regulations made by the govt. ministers who are given authority to make regulations for areas under their particular responsibility.
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in order to make comparisons between the different legal systems. This will then lead on to a discussion concerning the growth of the US legal system; should England eventually create a law on privacy? Furthermore, I will develop research on the different types of super injunctions, for both business and affairs supported by the case of Ryan Giggs. Finally, I will then discuss the first satirical magazine, Private Eye by Ian Hislop where I will discuss how this has broadened my knowledge of the whole concept of control over ones private life.
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To determine whether conventions should be made into law (in their entirety or otherwise) we have to consider what conventions are, how they are different from laws, what it means to provide them legal force, and why, up until now, they have remained largely uncodified. According to A.V. Dicey, conventions are a collection of understandings and practices that control the conduct of members of the sovereign power, but which are not laws since they cannot be enforced by the courts. The evolution of constitution, over hundreds of years, has given rise to the current face of conventions, and it is prudent to wonder whether the natural development of conventions?with changing times and culture?should be halted through an incorporation of these understandings into Acts of Parliament.
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Our constitution is dominated by the sovereignty of Parliament. But Parliamentary sovereignty is no longer, if it ever was, absolute. critically discuss.
In addition, Dicey mentioned three key rules that should be followed by the Parliament: ?Parliament can make or unmake any law; Parliament cannot bind its successors and no one can question Parliament?s laws.? Later P.Craig summarized Dicey?s, and stated, that Parliament?s authority is absolute: any legislation enacted cannot be invalidated by courts, Latest will of the Parliament dominate an earlier act, repealing past legislation, and in theory in might be impossible to entrench certain pieces of legislation and bind future Parliaments.
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Statutory instruments are also used to update laws; an example of this is the National Minimum Wage (1998). Every year the National Minimum Wage increases. This is done by a government minister using a statutory instrument. They are also used to allow experts to make laws. An example is that Section 17 of the Road Traffic Act (1998) said that the secretary of state may make regulations regarding headwear for motorcyclists. It gave the Minister of Transport power to decide the types of helmets; he was only able to do this after consulting manufacturing experts and road safety experts.
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The law applies to everyone so there is no person above the law. This proves that the system is not only reliable but also a just process which will take into consideration all aspects of a persons state of mind and their surroundings before the crime had been committed. "Public law" is a subdivision of Civil Law. Public law is a body of law governing relations between a state and its citizens, which also deals with the structure and operation of the government.
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This act stated that a lookout should be provided for men working on or near the railway for the purposes of ?relaying and repairing? it. The court took the words ?relaying? and ?repairing? in their literal meaning and said that oiling points was maintaining the line and not relaying or repairing it, so that Mrs Berriman?s claim failed. The literal rule makes law more certain but can lead to ?unfair? decisions as seen in the case above. The literal rule developed in the early nineteenth century and has been the main rule applied ever since then.
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This power is found in the Emergency Powers Act 1920. By-laws are when Parliament gives local authorities and other public bodies the right to make law in certain areas. They are local in effect, only applying to the area of the council or public body concerned. Public bodies can make by-laws to enforce rules concerning public behaviour, such as the National Trust rules for land use. Local councils can make by-laws to cover issues such as parking restrictions or drinking in public places.
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Describe the types of delegated legislation and how Parliament allows delegated legislation to be made.
There are three categories which branch off from Delegated legislation, that are used in different situations. Statutory instruments are made by government ministers and government departments which have specialist knowledge in certain areas, e.g. the minister of education will have the authority to pass any acts relating to education so he may be asked to delegate legislation in this area.
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Common law system is an English legal system that was originally formed by judges making decisions of different cases in courts rather than by legislative statues
Common law may be contrasted with statue law. Statue law is law that has been enacted by Parliament while common law is law created by judges. Common law may also be contrasted with equity. Equity has been developed due to the problem of injustice created by common law. For example, a debtor has already repaid the money without the written evidence of debt being cancelled by a creditor, in that case, if a creditor sues the debtor for not paying the debt, the court will then judge according to the best appropriate evidence available which means the uncancelled document.
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