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- 130 pages
- English
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Cavendish: AS Level Lawcard
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About This Book
Cavendish Lawcards are complete, pocket-sized guides to key examinable areas of the law for both undergraduate and PGDL courses. Their concise text, user-friendly layout and compact format make Cavendish Lawcards the ideal revision aid for identifying, understanding, and committing to memory the salient points of each area of the law.
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Yes, you can access Cavendish: AS Level Lawcard by Routledge-Cavendish in PDF and/or ePUB format, as well as other popular books in Diritto & Teoria e pratica del diritto. We have over one million books available in our catalogue for you to explore.
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PART 1
SOURCES OF LAW/LAW MAKING
Introduction
ACTS OF PARLIAMENT Law made by Parliament, ie the House of Commons, House of Lords and Monarch
DELEGATED LEGISLATION Law made under the authority of Parliament, eg by government departments
JUDICIAL PRECEDENT Case law, ie law developed by judges through applying rules laid down in previous cases
EUROPEAN LAW Law made by the European Union and then applied in Member States
1 Legislation
âLegislationâ refers to Acts of Parliament, or statute law.
Under the doctrine of parliamentary sovereignty (or supremacy), Parliament is the highest law-maker for the country, and in theory may make or repeal any law it wishes. In practice, however, membership of the European Union has placed some limitation on parliamentary sovereignty and, where there is a conflict, European law must be followed.
In addition, the Human Rights Act 1998, which came into force in October 2000, has had an impact on English law, as it measures our legal system against standards set down in the European Convention on Human Rights.
The passing of legislation
Proposals for legislation are put forward to Parliament in draft form as Bills. These fall into two main categories: Public Bills and Private Bills. Public Bills, if passed, will apply to the public as a whole and are usually introduced by the Government (Prime Minister and Cabinet) and so are called Government Bills. Alternatively, Public Bills can take the form of Private Membersâ Bills introduced by individual Members of Parliament; these have little chance of success unless they receive Government support. Private Membersâ Bills should not be confused with Private Bills, which affect only particular areas or people.
All new Bills must state whether or not their provisions are compatible with the European Convention on Human Rights. Before the Government introduces a Bill it may issue:
The passing of a Government Bill
Advantages of statute law
Disadvantages of statute law
2 Delegated Legislation
Under the doctrine of parliamentary sovereignty, Parliament is the highest authority for making law. However, it often delegates (ie, passes down) some of this authority to other bodies such as government departments and local authorities.
Such delegation is authorised by Parliament passing a Parent or Enabling Act. These Acts lay down a general framework of law and leave other bodies to add detailed rules when necessary. Examples of Parent Acts include:
Statutory instruments | Orders in Council | Bylaws |
Regulations and Orders issued by government departments, eg Motor Cycles (Protective Helmets) Regulations 1980 issued by the Departement of Transport. | Issued by the Monarch and Privy Council. Mainly used in times of emergency when Parliament is not sitting. | Issued by local authorities, eg 'no cycling' signs, or by other authorised bodies such as London Transport, eg ban on smoking on trains and the Underground. |
Types of delegated legislation
Control of delegated legislation
Parliamentary control
Judicial control
Courts can declare a piece of delegated legislation to be ultra vires, ie âbeyond the powersâ given by the Parent Act. This means the delegated legislation in question can then be declared null and void.
Boddington v British Transport Police (1998)
A total ban on smoking in trains on the London to Brighton line, was held not to exceed powers ...
Table of contents
- Cover Page
- Title Page
- Copyright Page
- PART 1: SOURCES OF LAW/LAW MAKING
- PART 5: CRIMINAL LAW