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go out of
date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'