Parliament deals with legislation and delegated legislation. Legislation is the making of a law, it starts off as a bill and if approved by the house of laws and the House of Lords it will then become an act of parliament. The procedure of when a Bill becomes law may start in the House of Commons or the house of law, the exception being financial bills.
It goes to a first reading in a government department, outlining plans for W100 tma02 bill and asks advice and opinions from people being affected by it. It then goes to Civil servants in the government department who will look at the advice and opinions these will then be passed on to a minister who is dealing with this bill.
The minister and department will then publish a white paper outlining any new ideas. Draftsmen will then use white paper to write the bill. It will then end up if passed with Royal Assent, when it will then become an act.
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Delegated legislation types are statutory instruments, byelaws, orders in council, court rule and professional regulations. There are advantages and disadvantages in delegated legislation.
An example of delegated legislation would be the Greater London Authority Actsection 1. Common law is made by judges, through the interpretation of statutes and acts it has a number of different definitions but is related through the judges interpretations and through precedence.
Statutory interpretation is based on four rules, which one judge may use one rule while another uses another the four rules are: European Union deals with Primary source treaties and secondary source Primary source are rules which govern the way the EU operate Secondary source follows different forms such as regulations, directives, decisions and opinions.
An example of a directive would be the working time regulations which came into force in the UK in There is no precedence with the ECHR due to social changes. Precedence is where a case once decided is usually followed in the future on similar cases, depending on where this was made it will be binding to lower courts.
If the law was made by a lower court, the higher courts will consider it but not always follow it. There are three essential parts to following precedent; these are court hierarchy, binding precedence and the accuracy of law reporting.
In court hierarchy roles are played by establishing which decisions should go to which courts, usually the higher court will reach the most authorative decision, the lower courts will then have to use the same procedure.
We will now look at what roles are played in the court hierarchy The Supreme Court is the highest appeal court in the UK; it was created in and became operational in Permission usually needs to be given when a case comes to the Supreme Court, it usually only deals with around 50 cases per year.
The Supreme Court deals mainly with public importance looking at what the greatest public and constitutional importance are. Decisions which will help shape society.
Supreme Court will set precedence and laws will be binding on all lower courts in the court hierarchy. The House of Lords was until October the highest court.
This court used to be bound by its own previous decisions until this was changed in ; it was changed to adapt the law to meet with changes in society and to take notice of the superior courts.
The House of Lords plays a legislative and judicial function. It is generally bound by its own previous decisions but there have been a number of exceptions to the rule.
Exceptions would be previous overruled decisions, conflicts of appeal and previous decisions given in error. The high court has three divisions which are family, dealing with family matters. Chancery which deals with property and money matters. This court is binding to superior courts.
Decisions made by individual high courts are binding on lower courts, but not always binding on other high courts. The Crown Court deals with serious cases and hears appears from magistrates courts. Crown Courts have permanent centres.W Tma02 Essay Cases can be treated alike. It provides certainty and consistency, fairness and efficiency and some flexibility.
‘Law must be predictable. Lawyers must be able to tell their clients how to run their affairs.
Judges must be able to announce what the law will be to the world at large. The website uses own cookies and third-party cookies to send advertising messages in line with the user's online navigation preferences.
Forgot how quickly the TMAs came around for this course. Got my TMA01 back for W and got 80% which I was really pleased about as they gave a warning about grades dropping when moving from W to W Finally W; an introduction to the law, lets me glimpse the world of law.
After the three courses and points the OU very obligingly give me their above-mentioned Certificate to flaunt! It may provide some ammunition for my social psychology course in as well! w - An Introduction to Law - The Open University - Starting in October watch talk to the uni Official Rep Im just putting together my essay,TMA02, anyone else at this point?
India 0. Reply The Student Room, Get Revising and Marked by Teachers are trading names of The Student Room Group Ltd. I've just started the W Introduction to Law and I was wondering if anyone else is as mad as I am!! I've started the reading because the first tma has to be in on 26th Feb .