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OCR AS LAW UNIT 2:
Sources of Law

Law Reform
Parliamentary law making
Delegated legislation
Statutory interpretation
Judicial precedent




Law Reform

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1.1 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The law becomes outdated and it needs to move with the times, i.e. Sunday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…

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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…

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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…

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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.…

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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…

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family, and leading commonwealth appointments (usually about 3-4). 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'.…

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6) 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…

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

Why there are problems:
-Parliament make the laws then the…

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1.2 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…

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