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- Submitted by: harriethaigh
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- Category: Other
- Date Submitted: 04/21/2011 08:32 AM
- Pages: 6
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Question 1
1. An Act of Parliament is a law that’s been made by Parliament, they are otherwise known as legislation, or a statute. The laws that are made are discussed and passed by the House of Commons as well as the House of Lords. Other sources as shown in block 1 include party manifestos, Royal Commissions or Private Members Bill.
2. Delegated Legislation is a law made by another party or body that Parliament has passed on to the right authority. The said required authority is usually given by Parliament an enabling act! An example of delegated legislation is the use now of criminal cautions under the Criminal Justice Act.
3. The devolved legislatures are the Welsh Assembly, Scottish Parliament and the Northern Ireland Assembly and how they work with our parliament. All of the above in a referendum over 10years ago decided to devolve from Westminster. This means that each jurisdiction has their own law making powers.
4. Precedent is what forms our basis for common law. Basically put if legal principle is decided upon in a case then it should be followed in cases that are similar. This means that if similar cases arise a judge should follow the legal principle of the previous case.
5. Common law represents the law of the courts, allowing the decision of the court only to find the principles made by previous court decisions. Common law unlike civil law doesn’t originate from text but is better described as a customary law or ‘tradition expressed in action.
6. European Union Law operates alongside the EU member states. It’s a body of laws, and court judgments.
Question 2
Common Law has been in effect in England for hundreds of years. It was during Henry II reign that his court began to specialise in legal business and started acting in a judicial capacity. The King in 1154 created a united court system that ended local control. Part of this process involved him instating a jury system. Before this system came into place it was common for disputes and...
1. An Act of Parliament is a law that’s been made by Parliament, they are otherwise known as legislation, or a statute. The laws that are made are discussed and passed by the House of Commons as well as the House of Lords. Other sources as shown in block 1 include party manifestos, Royal Commissions or Private Members Bill.
2. Delegated Legislation is a law made by another party or body that Parliament has passed on to the right authority. The said required authority is usually given by Parliament an enabling act! An example of delegated legislation is the use now of criminal cautions under the Criminal Justice Act.
3. The devolved legislatures are the Welsh Assembly, Scottish Parliament and the Northern Ireland Assembly and how they work with our parliament. All of the above in a referendum over 10years ago decided to devolve from Westminster. This means that each jurisdiction has their own law making powers.
4. Precedent is what forms our basis for common law. Basically put if legal principle is decided upon in a case then it should be followed in cases that are similar. This means that if similar cases arise a judge should follow the legal principle of the previous case.
5. Common law represents the law of the courts, allowing the decision of the court only to find the principles made by previous court decisions. Common law unlike civil law doesn’t originate from text but is better described as a customary law or ‘tradition expressed in action.
6. European Union Law operates alongside the EU member states. It’s a body of laws, and court judgments.
Question 2
Common Law has been in effect in England for hundreds of years. It was during Henry II reign that his court began to specialise in legal business and started acting in a judicial capacity. The King in 1154 created a united court system that ended local control. Part of this process involved him instating a jury system. Before this system came into place it was common for disputes and...