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Leg and dl

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  • 1. AS Law Revision 2009-10
    Legislation & Delegated Legislation
  • 2. What word, phrase, act or case goes with each of these?
  • 3. What do you need to know?Essentials
    Which paper is this on?
    What do you need to be able to describe and explain (AO1)
    How an Act of Parliament is made.
    The types of Bills.
    Types of DL.
    How the DL becomes law.
    How DL is controlled.
    Which other topics does this cross over with?
    What do you need to be able to evaluate (AO2)
    Why there are so many stages when passing an Act
    How effective the legislative process is.
    The effectiveness of the controls on DL
    The advantages & disadvantages of DL
    How many marks might it be worth?
  • 4. Past Question...
    (a) Source A refers to the Law Commission.
    Describe the role of the Law Commission.
    Explain in the following situations if there would be a successful judicial review.
    (i) A government minister wishes to repeal an old law. He has not consulted relevant bodies, which are affected by the proposals, before introducing new regulations.
    (ii) A government minister is given power to make regulations concerning legal funding. He has now introduced a regulation on immigration.
    (iii) A government minister has made regulations which are argued to be unreasonable.
    (c) (i) Source A refers to statutory instruments:
    Describe statutory instruments and two other types of delegated legislation using the Source and other examples. [15 marks]
    Source A and Source B refer to a number of controls.
    (ii) Discuss the effectiveness of Parliamentary and judicial controls over delegated legislation. [15]
    Source A
    The Legislative and Regulatory Reform Act (2006) sets out the procedure for the making of statutory instruments which are aimed at repealing an existing law. Under section 13 of the Act, the Minister making the statutory instrument must consult various people and organisations. These include:
    organisations which are the representative of interests substantially affected by the proposals:
    the Law Commision (a law reform body whose function is to keep the law under review).
    Orders made under this power of this Act must be laid before Parliament. There are three possible procedures:
    negative resolution procedure:
    affirmative resolution procedure:
    super-affirmative resolution procedure.
    Source B
    Delegated legislation can be challenged through the courts. The questioning of the validity of delegated legislation may be made through judicial review procedure, or it may arise in a civil claim between two parties, or on appeal.
    Adapted from: The English legal System. J Martin 5th Edition, Hodder.
  • 5. Explain in the following situations if there would be a successfuljudicial review.
    (i) A government minister wishes to repeal an old law. He has not consulted relevant bodies, which are affected by the proposals, before introducing new regulations.
    (ii) A government minister is given power to make regulations concerning legal funding. He has now introduced a regulation on immigration.
    (iii) A government minister has made regulations which are argued to be unreasonable.
  • 6. (c) (i) Source A refers to statutory instruments:
    Describe statutory instruments and two other types of delegated legislation using
    the Source and other examples. [15 marks]
    Introduction
    Main
    Point
    Explanation
    Example
    LTS
    Conclusion
  • 7. Source A and Source B refer to a number of controls.
    (ii) Discuss the effectiveness of Parliamentary and judicial controls over delegated legislation. [15]
    Introduction
    Main
    Point....
    Because....
    However... But...
    LTS
    Conclusion