Describe the need for delegated legislation (15)
- There is a lack of Parliamentary time.
- Delegated legislation can be produced quickly - 3000 SI's per year.
- It allows technical and local area experts to produce appropriate laws.
- It can be used in emergencies e.g. The Animal Health Act 2002 - foot and mouth outbreak.
- lot easier to remove than Acts of Parliament.
- It allows the law to change with future socio-economic developments.
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Describe the controls on delegated legislation (15
- Enabling Acts.
- Scrutiny committee and delegated powers scrutiny commitee.
- Affirmative, Super affirmative and negative resolutions.
- Judicial review of laws.
- Substantive, procedural and unreasonable ultra vires. Strickland, mushroom case.
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Describe the effectiveness of the contols (15)
- Parliament has limited powers of control.
- The controls of parliament are affected by the parameters of the enabling act.
- Using affirmative resolutions parliament can only approve, annul or withdraw the law.
- Scritiny committees can only report certain technical matters to Parliament.
- Judicial review relies on individuals starting claims.
- Ultra vires is limited due to the breadth of most enabling acts.
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Describe the use of the practice statement (15)
- It allows the HOL to depart from precedent when its 'Right to do so.'
- As of London Tramways 1898 HOL was bound by past precedent.
- It can only be used by HOL.
- First use in Conway v rimmer - only on a technical point.
- First proper use in Herrington to depart from addie.
- Also used in Pepper v Hart to depart from Davis v Johnson.
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Describe the role of the law commission (15)
- Created by the Law Commissions Act 1965.
- Its the only full time law reform body.
- Its job is to systematically keep English law under review.
- To codify and consolidate areas of law e.g. the draft criminal code.
- To receive and consider proposals for law reform and consult relevant parties.
- To put forward proposals for reform.
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**Discuss the problems encountered by the law comm
- Work is effected by budget and staff constraints.
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Describe the literal rule (15)
- Literal rule gives words their original meaning.
- It usually relies on a dictionary from the time the act was written.
- It involves the judge applying the law even if it results in absurdity - stated by Lord Esher in R v Judge of the City of London 1892.
- The literal is historically the first and most used rule.
- This rule respects parliamentary supremecy.
- Used in Whitley v Chappell, Cheeseman and Berriman.
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Describe the golden rule (15)
- A rule used when the literal rule produces and absurdity.
- It allows the courts to look at the literal meaning of a word or phrase but interpret it to fit the case and avoid absurditys.
- The narrow approach chooses between two meanings of a word or phrase. The broad approach modifies the outcome to avoid absurdities.
- Cases - Allen, Re sigsworth, Adler v George
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Discuss the advantages and disadvantages of the go
- Can prevent injutice and absurdity produced in literal rule.
- Puts into practice parliaments intention.
- Provides a check on the strictness of the golden rule.
- It still respects parliamentary supremacy.
- An absurdity can mean different things to judges.
- Its not much of an effective check on the literal rule.
- It may give judges too much discretion.
- Zander’s criticisms of the golden rule - ‘an unpredictable safety valve’.
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Describe stare decisis
- It means to stand by what has previously been said.
- It requires effective law reporting.
- Its the principle that underlines the doctrine of binding precedent.
- Original precedent is a new precedent set in a new type of case.
- Persuasive precedents are documents that aid the decision of a case. E.g. R v R HOL agreed with an obiter dicta statement from COA.
- The ratio decedendi is very important in stare decisis.
- How stare decisis works in the hierarchy.
- Judges can avoid stare decisis using distinguishing, overrling, reversing and per incurium.
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