unit two of OCR AS law - full guide

full revision guide for unit two of the OCR AS law exam 

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Sources of Law
Law Reform
Parliamentary law making
Delegated legislation
Statutory interpretation
Judicial precedent
Law Reform

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Law Reform
Impetus for Law Reform: The role of Parliament, the role of judges, effect of public opinion
and pressure groups, leading to changes in the law.
Why do we need Law Reform?
The law becomes outdated and it needs to move with the times, i.e. Sunday
Trading Act 1994.
The law takes into account social change and public opinion, i.e. The Abortion
Act 1967
The law responds to particular events, i.e. Dangerous Dogs Act 1991,
Anti-Terrorism Crime and Security Act 2001.…read more

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Under S 3 (1) Law Commission Act 1965 states: 'It shall be their duty to keep under review
all the law with which they are concerned with a view to its systematic' development and
reform including;
to codify the law,
eliminate anomalies and simplify the law,
to repeal of absolute statutes,
To reduce the number of acts of parliament covering the same subject by
How does the Law Commission perform its work: It works on about 20-30 projects at any
one time.…read more

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Parliamentary Law Making
1.1 Pre-legislative stages
An Act of Parliament starts out as an idea for a new law. The ideas for new laws can come
from parliament (primary laws) or department ministers (secondary laws). Wherever the
idea for a new law comes from, it must be introduced to the Cabinet as a whole following
approval and drafting by the relevant Cabinet Committee.
1.2 Green Papers
A green paper is, essentially, a consultation document.…read more

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This the stage for the main debate of the Bill. The Minister or MP describes the Bill and then
questions are asked. There is then a debate on the larger details of the Bill rather than the
smaller details. (The second reading is what is recorded for the Hansard report. The
Hansard report is a report that judges can use as extrinsic aids when deciding what
parliament's intentions were. Statutory Interpretation).
Committee Stage
This stage allows for the detailed scrutiny of the Bills.…read more

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Why does Parliament have to delegate its law making function?
Parliament rarely has enough time or expertise to make all the new laws or changes to
existing laws, therefore it passes its law making function to another individual or body who
is better equipped to make the relevant law.
Why do we need delegated legislation?
There is a shortage of Parliamentary time; in 2013 parliament passed 33 Acts of
Parliament but 3291 delegated legislation was passed.…read more

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This is
a way of making law without having to go through the entire Parliamentary
process and good for emergency uses.
Statutory Instruments - This is laws made by government ministers under
the authority of a parent act called 'regulations' or 'orders'. They affect the
area for which the minister is responsible for and are drafted by the legal
department in that ministry. It is the major method of law making.
By-laws - This is laws made by the local authorities and public
corporations/companies.…read more

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The legislative and regulatory reform act 2006 - This act sets out procedures for making
n statutory instrument to repeal an existing law in order to remove a 'burden' i.e. financial
cost, inefficient. Any minister wanting to create a statutory instrument under the powers if
this act must consult with organisations which are affected by the proposals, and the law
commission where appropriate. Orders made under this act must be laid before
parliament as a negative resolution, affirmative resolution or super-affirmative resolution.…read more

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Statutory Interpretation
1.1 Statutes
Parliamentary Sovereignty/supremacy - A court must not and cannot challenge an Act of
The separation of powers: Executive - Government and public bodies (law enforcer),
Legislature - Parliament (law maker), Judiciary - Judges (law applier).…read more

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Literal Approach:
Taking it word for word, give the words their plan, ordinary or literal meaning even if the
result is not very sensible. - Whitely v Chappell 1868 'It is an offence to impersonate a
person who is entitled to vote', it was questioned whether this included the impersonation
of dead people. He was acquitted. - London and NE Railway v Berriman anyone 'repairing
or relaying the track' is entitled to a lookout. He was only doing maintenance so his wife
lost the case.…read more


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