LAW UNIT 1

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  • Created on: 21-05-13 11:56
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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 recommendations are not
review and not just what the government wishes implemented
to focus
Expertise Often 20 or 30 areas are under review at once,
consequently not be as thorough as it could be,
Pressure group
A group of people who campaign for reform of the law
sectional pressure groups
cause pressure groups
Sectional pressure groups exist to further interest of a section of society. An example is the national
farmers union which exists to promote the interest of farmers
Cause pressure group exists to promote a particular idea or belief. An example is father 4 justice which
believes in the idea that fathers should have more access to their children.
Advantages of pressure groups Disadvantages of pressure groups
Get things done Undesirable tactics
Raises public awareness Minority of the population
Media
Advantages of the media Disadvantages of the media
Raises public awareness Vigilantism(mistaken identity)
Get things done Some members are too powerful E.g Rupert
Murdoch
An example of a pressure group being formed because of the media influence was the snowdrop
campaign. This pressure group was formed to raise awareness of hand guns not being illegal in Scotland.

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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 copies of the bill are distributed.…read more

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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 monarchy,
churches and the courts
No act passed by parliament can ever if permanent
The effect of the EU on parliamentary sovereignty
In the event of conflict between the EU and an act of parliament…read more

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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 can be concluded that the HRA has a limited effect on
parliamentary sovereignty. This is because the courts can declare
incompatibility of a law, but they do not have the authority to
declare it invalid.…read more

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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 an external government
minster.
A new law may be made improved if it has the involvement of someone with special knowledge
on a particular matter. E.g.…read more

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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 it has
been finalised.…read more

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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 the delegated legislation has followed the procedure that is
set out in the parent act.…read more

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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 have greater knowledge of Parliamentary controls are limited-some statutory instruments
the local area are not subject to the affirmative and negative procedure
Democratic-government ministers are elected through an Lack of publicity- there is never a…read more

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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 it is checked to see if the person is eligible
4. If the person is seen to be eligible than they are invited to a first interview.…read more

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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…read more

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