Zusammenfassung der Ressource
Lecture One
- key words
- parliment
sovereignty - is
legally unlimited
power
- vauxhall estates -
when to act conflict
the most recent act
will take priority
(this was decided
by the courts)
- Ultra Vires -
exceeds power
- why are new laws needed?
- old statutes
go out of
date
- public intrest
- laws need clarification
- social change
- emergency situations
- Government manifesto
- pre-parlimentary process
- bill
- is a proposal for a new law or to
change an existing law. It is
presented for debate before
parliament
- bills have to go through
both the house of lords
and house of commons
to ensure there is no
flaws
- Green Paper
- A green paper puts forwards ideas
for future government policy. These
ideas are open to the public for
discussion
- white papers
- generally state
more definate
intentions for
government
policy
- BILLS- 3 types
- PUBLIC
- changing the law as it applies to
the general population and are
the most common type of bill
- PRIVATE MEMBERS BILL
- (very few) and are
introduced by MP'S who
are not ministers
- PRIVATE BILLS
- Developed from the 19th century
and are usually presented by
organisations. They can only
change the law in relation to
specific individuals
- Royal assent
- Conventions- that the
monarch does not refuse
assent
- Commencement order - date of
implementation by statutory instrument
> it may not be introduced straight away
allowing people time to adapt to the new
law e.g. training
- A statute may revoke the law by:
- repeal: revokes existing enactment
- Creation: creates
an entirely new
law
- Amendment: correction or insertion
- A statute may reorganise the law by:
- Consolidation
- repeals and enactments all
existing enactments
- Codification
- Codifies existing
enactments and relevant
case law
- DELEGATED LEGISLATION
- * Is secondary/ subordinate/
delegated leg and is published as
statutory instruments or bye laws
- BYELAWS - allow laws
to be made quicker
locally
- PARENT ACT
- * the power to make
delegated legislation is
confered by the parent act
- Examples
- child support act 1991
- Forms of delegated legislation
- 1) orders in council: authority
conferred by statute on the crown to
legislate by order in council (the
privy council) published ad SI
- 2) regulations: authority confered
by statute on ministers to make
regulations e.g. Police and
Criminal evidence act 1984 allows
the home secretary to make
regulations re codes of conduct,
published as SI
- 3) Byelaws: authority conferred on
local authorities/ public bodies to
make bylaws - subject to ministerial
approval before becoming effective
- (ALSO NOTE, court rule
committee empowered to
make rules regarding
court procedures by virtue
of the supreme court act
1981, Magistrates courts
act 1980, county courts
act 1984 ext)
- Doctrine of the ultra fires
- delegated leglistation can be set aside if
it is passed in excess of the powers
conferred by the parent act
- 1) on substantive
grounds
- 2) on
procedural
grounds
- 3) on unreasonableness
- the common law
- Various meanings
- Law for the common people
- A system of
common law
developed through
case decisions of
the judiciary
- Common law
courts eg
court of the
queens bench
- Jurisdiction on which many
common law legal systems
are based on (other law
systems are based on our law
system)
- case law or Judicial precedent - do courts in fact make the law?
- e.g Carlill v Carbolic smoke ball co
- e.g donoghue v stevenson [1932] ac 562
- the snail in the ginger beer bottle
- Equity - key principles
- Equity doctrine was developed
in the courts of chancery
- Equitable remedies
discretionary e.g injunction
- Equity - conflict with the common law
- Earls if oxford's case 1615
- equity shall prevail
- Judicature acts 1873 - 75
- equity V common law
- (equity distinguished from common law)
- Custom
- if custom can be established then
it is legally enforceable
- E.g Tanistry case (1608) Dav Ir 28 -
custom is 'such usage as has
obtained the force of law'