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Harry Stark Law unit 1 notes parliamentary law making, delegated legislation and lay people




Parliamentary law making
Law commission

Codification-making sense of laws
Consolidation-bringing sources to make it easier to understand
Repeal

Advantages of law commission Disadvantage of law commission
Independent body-ensures all law is kept under Many of its…

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Harry Stark Law unit 1 notes parliamentary law making, delegated legislation and lay people




This group formed after a stranger wandered into a school in Dunblane with a hand gun and started
shooting members of the staff at the school.

The legislative process

The first reading-the bill is announced and…

Page 3

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Harry Stark Law unit 1 notes parliamentary law making, delegated legislation and lay people




Parliamentary supremacy

Essentially parliamentary sovereignty means that

Parliament power is unlimited which means they can make a law on any topic
No other body can question the validity of a law made by parliament, including the…

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Harry Stark Law unit 1 notes parliamentary law making, delegated legislation and lay people




House of Lords then declared the act to be incompatible with arts 5
and 14 of ECHR. Then the incompatibility was later remedied to
form a new act called prevention of terrorism act 2005

However it…

Page 5

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Harry Stark Law unit 1 notes parliamentary law making, delegated legislation and lay people




Delegated legislation
Why use delegated legislation?

A new law may be required to be made within a specific area, therefore the use of a local citizen
with the desired local knowledge would be more beneficial than…

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Harry Stark Law unit 1 notes parliamentary law making, delegated legislation and lay people




Controls of delegated legislation

Parliamentary control

Essentially parliament maintains control of the delegated legislation by setting limits in the given parent
act. Parliament, however do have the power to repeal or amend the delegated legislation once…

Page 7

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Harry Stark Law unit 1 notes parliamentary law making, delegated legislation and lay people




Control by the judiciary

Ultra vires mean `gone beyond powers' or `exceeded authority'

Overall there are 3 judicial controls

Procedural ultra vires
Substantive ultra vires
Unreasonableness

Procedural ultra vires

Procedural ultra vires is concerned with how…

Page 8

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Harry Stark Law unit 1 notes parliamentary law making, delegated legislation and lay people




Advantages and disadvantages of delegated legislation

Advantages of delegated legislation Disadvantages of delegated legislation


Time saving-passed quickly, saves parliament time Always the risk of sub delegation- someone with the incorrect
specialist knowledge usually

Specialist knowledge-local councils…

Page 9

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Harry Stark Law unit 1 notes parliamentary law making, delegated legislation and lay people




Selection of a lay magistrate

1. Advertisement is placed in area of need
2. Candidate can apply by filling out a simple form that can be found on the internet
3. Once the form is submitted…

Page 10

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Harry Stark Law unit 1 notes parliamentary law making, delegated legislation and lay people




Jurors

Qualification and selection




Disqualification




Excuse




Role of a jury in crown court trail

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