Words of Wisdom:

"Evil is not bad, just missunderstood" - Tom Felton" - Msgg

Etma02

  • Date Submitted: 08/25/2011 02:24 AM
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Q1 Explain and give an example of the following”?
a. Act of Parliament.
An ‘Act of Parliament’ is where you can debate previous/current laws or pass new laws. These can originate in 1 of 5 ways.
  i. Party manifestos
  ii. National emergency, crisis or new development
  iii. Royal commissions
  iv. The Law Commission
  v. Private members bill.
It goes through a process of a ‘Green’ / ‘White’ paper then introduced into Parliament as a bill. Once voted on by the House of Commons and House of Lords, and a majority vote is agreed then it becomes Law.
Eg: The Anti-Terrorism, Crime and Security Act 2001, which was introduced into Parliament as a response to the Sept 11th attacks in the US.
b. Delegated Legislation.
This is where Westminster Parliament delegates or passes on its power (parent act) to another person or group. This is known as an ‘enabling Act’. A delegated legislation has the same legal status as an Act of Parliament, and is not diluted in anyway. There are different types of Delegated Legislation:
  i. Statutory instruments
  ii. Byelaws
  iii. Orders in council
  iv. Court rule committees
  v. Professional regulations
Eg: Trafalgar Square and Parliament Square Garden (Amendment No 1) [Byelaws 2002]
c. Devolved legislature.
Scotland, Northern Ireland and Wales held referendums on devolution, which ment that certain law making decisions regarding their own individual assemblies were devolved from the Westminster Parliament allowing them to govern themselves, but Westminster Parliament still has overall responsibility.  
Eg: The Scotland Act 1998
d. Precedent.
This forms the bedrock/grounding of ‘common law’. When a judge tries a case he/she will check to ensure if a similar past decision has been made. If a decision has been made in a court of equal or higher status then that judge has to follow the decision previously made (binding precedent) but, if a decision has been made in a lower court then the judge does not have...

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