Law unit 1

1. Consultation stage
   1. 1st reading
      1. 2nd reading
         1. Committee stage
            1. Report stage
               1. repeat
               2. 3rd reading
                  1. Passed to house of lords
                     1. 1st reading
                        1. 2nd reading
                           1. commity stage
                              1. report stage
                                 1. 3rd reading
                                    1. If changes are made
                                    2. Royal Assention
                                       1. Queen signs bill into law
                              2. All Lords rather than 20
                     2. Process same in House of Lords
                  2. Royal Assention
                  3. final vote on the bill
               3. Changes are voted upon if not approved sent back to Committee stage
            2. About 20MPs amend the bill so it better meats its aims
         2. Hole bill is read, debate and vote
      2. Title and aims of bill are read
   2. Influences on Parlement
      1. The Law Commission
         1. Codification

            Anmerkungen:

            • Turning a law that has been made judges over 100s of years and create an act of parlemt
         2. Consolidation

            Anmerkungen:

            • Bringing together laws spread out over many acts of parliament and consolidating them into a single document 
         3. Repeal

            Anmerkungen:

            • Presenting suggestions for the removal of a law that is no longer necessary
         4. Report

            Anmerkungen:

            • Providing suggestions for changes and improvements to the law.
      2. Pressure Groups
         1. Insider
            1. Frequently consulted by Parlement
         2. Outsider
            1. Often appear in the media
         3. Couse
            1. Green Peace
         4. Sectional
            1. Workers Unions
      3. Media
   3. Papers
      1. Green Papers

         Anmerkungen:

         • Are meant to give people in and out of parliament the ability to feed back on potential bills. 
      2. White papers

         Anmerkungen:

         • Are policy documents produced by government about future legislation.
2. Types of bill
   1. Public Bills

      Anmerkungen:

      • Bills which will effect most of the public
      1. Government Bill

         Anmerkungen:

         • Government MPs or PM leading party ministers.
      2. Private Members Bill

         Anmerkungen:

         • Non-Government MPs or Back Bench MPs. Often used for controversial proposals.
   2. Private Bill

      Anmerkungen:

      • Only effect individuals or small areas
   3. Hybrid Bill

      Anmerkungen:

      • Bills that effect the hole population but has a large impact on a smaller area.

1. Limitations on Parlemty supremacy
   1. The Human Rights Act 1998
      1. How does it limit supremacy
         1. Laws must comply with the Human Rights Act so they can't make a law which doesn't apply to the Human Rights Act
      2. Examples
         1. Mental Health Act said man had to prove he could leave. Human Rights Act said that Hospital had to prove he had to stay.
      3. Legislation
         1. The Human Rights Act 1998 European Convention on Human Rights
   2. European Union
      1. How does it limit supremacy
         1. EU laws override UK laws. UK courts can suspend acts if they conflict this EU law.
      2. Examples
         1. Factor Fame #2. Spanish fishermen in UK waters Merchant Shipping Act meant boats must be registered in UK to use UK water.
      3. Legislation
         1. European Communities Act 1998 Treaty of Rome 1957
   3. Devolution
      1. Legislation
         1. Northern Ireland Act 1998 Government of Wales Act 1998 Scotland Act 1998
      2. How does it limit supremacy
         1. Parliament Passing some powers to those areas. Parliament is restricted to pass laws in those areas
      3. Examples
         1. Parliament can't make laws on: health, Education and Transport in those areas.
2. A.V. Dicey
   1. Where parliament can make or unmake any law it wishes and further more, no person is recognize as having the right to set aside the law of parliament .

1. Advantages
   1. HoL have expertese
   2. Democatic
   3. Thourgh
   4. Flexable
2. Disadvantages
   1. Time consuming
   2. Unileted Lords & Queen
   3. Lack of publicity
   4. Lack of public participation
   5. Inassessable Langage

1. Who makes them?
   1. The Privy council which is made up of important MPs, the PM supreme court judges, bishops and the Queen
2. What is it used for?
   1. Used in states of Emergence (Terror attacks, floods etc) when a fact response is needed.
3. Examples
   1. The Terrors United Nations Measures Order. Grounded flights over London and prevent funding for terrorists after 9/11. Transfer of Functions to Scottish ministers etc order (1999)

1. Who makes them?
   1. Government Ministers in there department
2. what are they used for?
   1. Used to add detail to acts or to update acts. Commencement orders are used to bring acts of Parliament into effect.
   2. Making EU directives UK law
3. what are they used for
   1. One example is the Prison and young offenders institution 2016 which changes which drugs are prohibited and allows drug tests.

1. Who makes them.
   1. Local council
      1. What are they used for.
         1. Day to day running of the area.
      2. Parent act examples
         1. Local governments act
         2. Clean neighbourhoods and environment act
   2. Public corporations
      1. control public behaviour within their jurisdiction

Anmerkungen:

• page 43

1. Advantages
   1. knowledge and experite

      Anmerkungen:

      • Parliament may not have the necessary technical expertise or or knowledge required; for example health and safety regulations  in different industries need expert knowledge, while local parking regulations need local knowledge.
   2. saving parliament time
   3. allows consultation

      Anmerkungen:

      • Ministers can have the benefit of further consultation before regulations are drawn up. Consultation is particularly important for rules on technical matters, where it is necessary to make sure the regulations are technologically workable.
   4. can be made quickly
   5. can be changed more quickly than Acts of parlement

      Anmerkungen:

      • Delegated legislation can be amended or revoked easily when necessary so that the law can be kept up to date. This is useful where monetary limits have to change each year for example the minimum wage.
2. Disadvantages
   1. Undemocratic
   2. risk of sub-deligation

      Anmerkungen:

      • Law making authority is handed down another level. This causes comments of much of our law is made by civil servants and merely "rubber stamped" by the minister.
   3. large volume
   4. Lack of publicity

1. Parliamentary controls

   Anmerkungen:

   • 40
   1. Parent Act
      1. Enabling acts set out the scope of Delegated Legislation and well as who can make it to what process must be taken.
         1. Local governments Act
   2. Delegated Powers Scrutiny Committee
      1. ensures no incorrect powers are given in the parent act
   3. Affirmative resolutions
      1. A small number of Statutory Instruments will be subject to this and it means the SI has to be approved by parliament.
   4. Negative resolutions
      1. this means SI become law unless is rejected within 40 days
2. Controls by the courts
   1. Ultra Vires
      1. Substantial
         1. Uses
            1. When unreasonable regulations are made
               1. In Strickland v Hayes Borough Council 1896 a by law prohibited any obscene song or ballad and the use of obscene language genuinely was held to be unreasonable and so ultra vires, because it was too widely drawn in that it covered acts done in private as well as those in public.
            2. when it levies taxes
            3. when sub delegation is allowed
      2. Procedural
         1. Aylesbury Mushroom case (1972) saw the incorrect method used as the minister for labour failed to consult the mushroom growers association

1. Civil Court structure

   Anlagen:

   • Criminal Court Struture
2. Appeals
   1. Appeal Process

      Anlagen:

      • Appeal routes from the high court
      • Appeals from the County Court
   2. Error of law

      Anmerkungen:

      • Judge misinterprets point of law
   3. Error of fact

      Anmerkungen:

      •   Not listen to properly     
3. Case Tracks
   1. Small claims
   2. Fast Track

      Anmerkungen:

      • midum clam amount
   3. Multi Track

      Anmerkungen:

      • high value cases
4. Advantages and Disadvantages
   1. Advantages
      1. Binding
      2. Definitive
      3. Organised
      4. Legal Professionals
      5. Unbias 3rd Party
   2. Disadvantages
      1. have to pay
         1. lawyers required
      2. Somebody will lose
         1. adversarial process
      3. Long process
      4. No technical expertise

1. Tribunals
   1. Discription
      1. Very Similar to courts Full effect of court Franks comity "open free, Quick"
   2. Membership
      1. Legally qualified charman. All three make final decision. "Lay" people experts in that area.
   3. Type of case
      1. Employment Mental health revue
   4. Appeals

      Anlagen:

      • Appeals Tribunals
2. Arbitration
   1. Discription
      1. Arbitrator makes a decision. Informal. Arbitration Acts 1979 & 1996
   2. Memberships
      1. Arbitrator binding on the parties
      2. Arbitrator is legally qualified area specialist
   3. Type of cases
      1. Scout v Avery clause- stated in contract
      2. Contract law
      3. commercial law
   4. Appeals
      1. No automatic appeal but can appeal to high court if there is a "significant irregularity" or there is an issue with a point of law
3. Medeation
   1. Description
      1. Mediator is a 3rd party who abilitats discussion by passing messages between the 2 parties who are often in a different room
   2. Membership
      1. Parties may the decision contract is signed
   3. Type of Cases
      1. Divorce (Family Law Act 1996) mediation before singed of. Other cases here parties can't talk to each other
   4. Appeals
      1. Court can overrule contracts normal court hierarchy
4. Conciliation
   1. Description
      1. Conciliator is a 3rd party who abilitats discussion by passing messages between the 2 parties who are often in a different room. Conciliator takes a more active role then a Medeator
   2. Membership
      1. Conciliator, parties make the final desition
   3. Type of case
      1. Family local level
   4. Appeal
      1. Court can overrule contracts normal court hierarchy
5. Negotiation
   1. Discription
      1. Discussion between 2 parties

         Anmerkungen:

         • Face-to-Face Phone Email Litter
   2. Membership
      1. No 3rd party. Legal representative for each party.
   3. Type of case
      1. Any civil law
   4. Appeal
      1. Court can overrule contracts normal court hierarchy