Lecture One

Lecture One

1. 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

2. why are new laws needed?

   • old statutes go out of date
   • public intrest
   • laws need clarification
   • social change
   • emergency situations
   • Government manifesto

3. 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

4. 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

5. 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

6. 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

7. 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)

8. 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

9. 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

10. 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'