P1 Law With Ali

THE ENGLISH LEGAL SYSTEM
PAPER 1 – A’ LEVEL LAW – 9084

UNIT – 1: Principles and Sources of English Law
1.1 The Rule of Law and its Application
THE RULE OF LAW IS THE FOUNDATION OF OUR BASIC RIGHTS

● The ‘rule of law’ is a symbolic idea.
● It is difficult to give a precise definition and meaning to the concept.
● Main principle is that all people are subject to and accountable to law that is fairly applied and
enforced.
● The system of law making must be fair.
● A safeguard against dictatorship.
● Example:
○ Police power of arrest, that they can only arrest s suspect if they have the authority to do so
by a statutory rule, such as, the Police and Criminal Evidence Act.
● Tony Honoré, an academic lawyer points out that the rule of law exists when a government’s powers
are limited by law and citizens have a core of rights the government is bound to uphold.
● These rights include;
○ No person shall be sanctioned except in accordance with the law (this is relevant to civil and
criminal matters)
○ There is equality before the law and there must be no discrimination on any grounds
○ There must be fairness and clarity of the law.
PROFESSOR DICEY & THE RULE OF LAW
● The best-known explanation of the rule of law was given by Professor A.V. Dicey in the nineteenth
century, but many academics have written differing views on the topic.
● He thought that the rule of law was an important feature that distinguished English law from law in
other countries in Europe.
● He held that there are three elements that created the rule of law.
○ An absence of arbitrary power on the part of the state.
○ Equality before the law
○ The supremacy of ordinary law
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● Dicey’s elements of the rule of law
○ An absence of arbitrary power on the part of the state
○ Equality before the law
○ Supremacy of ordinary law
PROBLEMS WITH DICEY’S VIEWS
01. Conflicts with another principle
• Parliamentary supremacy
• Parliament can change laws
02. Parliamentary law can be challenged
• Parliamentary law can be challenged in the courts through judicial review in many countries.
03. No arbitrary power on the part of state
• Parliament has the right to make any law it wishes
04. Problem with equality before the law
• The cost of taking a case to the court is very high.
• The poor sometimes cannot afford it.
OTHER ACADEMIC VIEWS ON THE RULE OF LAW

● F.A von Hayek, a twentieth-century academic economist, agreed with Dicey that the key component
of the rule of law is the absence of any arbitrary power on the part of the state.
● He also thought that the rule of law has become weaker because of the state acts according to the
legislation.
● Another twentieth-century academic, Joseph Raz, recognized that the rule of law was a way of
controlling discretion rather than preventing it completely.
● He saw the rule of law as of negative value.
● It minimizes the danger of the use of discretionary power in an arbitrary way.
JOSEPH RAZ ON THE RULE OF LAW
He, set out a number of principles which come from this wider idea, for example:
○ There should be clear rules and procedures for making laws.
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○ The independence of the judiciary must be guaranteed.
○ The principles of natural justice should be observed.
○ The Courts should have power of judicial review.
CHANGES IN TWENTY-FIRST CENTURY

There have been changes which support these principles.
Major example is Constitutional Reform Act 2005.
Search the internet www.legislation.gov.uk and study what changes were introduced by this Act.
1.2 The Rule of Law and Law Making
The rule of law is important when it comes to law making. The process by which laws are made must be fair
and open.
Acts of Parliament have to be passed by both Houses of Parliament.
Usually the majority of the Government is in House of Commons these days so most laws are proposed by
them.
The House of Lords exercise a check on the law making process, as all new laws have to be agreed by it.
Government ministers can also make laws through statutory instruments, the powers are granted by the
parliament.
Statutory instruments can be challenged in court.
THE RULE OF LAW AND THE LEGAL SYSTEM

The rule of law also covers the way in which the legal system works.
Every defendant in a criminal case must have a fair trial.
Trial by jury is seen as an important factor in maintaining fairness and protecting citizens’ rights.
No person can be imprisoned without a trial.
Equally important in the civil justice system, where ordinary people need to be able to resolve their disputes
effectively.
The civil justice system should be accessible and affordable.
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THE RULE OF LAW AND SUBSTANTIVE LAW
Substantive law means different areas of law.
In every area of substantive law, it is important that people have key rights and that the laws are not
oppressive.
SUBSTANTIVE CRIMINAL LAW

Substantive criminal law sets out the definitions of criminal offences.
SUBSTANTIVE CRIMINAL LAW
PURPOSES
To protect people
Laws concerning, murder, manslaughter and non-fatal offences against people
To protect people’s property
Laws concerning theft, burglary and criminal damage
To prevent disruptive behavior
To prevent disruptive behavior and protect public order
There are also regulatory offences, aimed at issues such as preventing pollution and ensuring food sold in
shops is fit for human consumption, and a wide range of driving offences aimed at safety on the roads.
For all offences, the law has to be clear and the prosecution has to prove that the defendant has committed
the offence. All offences also have a stated maximum penalty and courts cannot impose a higher penalty.
SUBSTANTIVE CIVIL LAW [TORT]

Substantive civil law of torts set out the rights and responsibilities people owe to each other in everyday life.
Many torts are aimed at protecting people and their property and give the right to claim compensation for
damage caused by breaches of law.
SUBSTANTIVE CIVIL LAW [CONTRACT]

Contract law recognizes that, in most cases, people are free to make what agreements they wish. However, it
also recognizes that consumers may have very little choice when making contracts with business, and that
there is not really equality between the parties.
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SUBSTANTIVE LAW OF CONTRACT
When a contract is formed
What can make a contract void or voidable
What can amount to breach of contract
SUBSTANTIVE LAW OF HUMAN RIGHTS
Human rights law supports the rule of law in many ways. For example, all rights must be applied without
discrimination.
ECHR is incorporated into UK law by Human Rights Act 1998.
1.3 DIFFERENCE BETWEEN CRIMINAL LAW & CIVIL LAW
CRIMINAL LAW
Criminal law is a part of public law, because crime is regarded as an action against the state and society as a
whole.
CIVIL LAW
Civil law is called private law, because the issues it deals with are generally between two individuals,
though it could be between an individual and a business or between two businesses.
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1.4 LAW & MORALITY
The Relationship between Law & Morality

‘Morality’ is defined in the Oxford Dictionary as a particular system of values and principles of conduct, especially
one held by a specified person or society.
Morality can be personal or collective.
It is ‘normative’ or perspective; that is, it specifies what ought to be done and delineates acceptable and unacceptable
behavior.
Morality is influenced to a large extent by religious beliefs.
Morality is the ethical code that touches virtually every area of life.
Behaviour towards fellow human beings, money and property, and sexuality.
There are ‘core’ moral beliefs such as issues surrounding birth, death and families.
Although Morality is concerned with the issues of ‘right’ and ‘wrong’, it is not at all black and white.
‘I do not believe that there is a neat way of marking off moral issues from all others; some people, at some time, may
regard things as matters of moral right and moral wrong, which at another time or in another place are thought to be
matters of taste, or of no importance at all.’
~Mary Warnock
Moral attitudes change over time. This can be seen in attitudes to issues such as abortion, homosexuality, drugs and
drink-driving.
Morality was easy to see when the societies were insular, structured and not exposed to different beliefs and values.
UK Society is considered multicultural, where there is a wide range of views.

Sociologist Emile Durkheim identified a range of factors as potentially contributing to the breakdown of common
morality, including
❑ increasing specialization of labour.
❑ growing ethnic diversity within society.
❑ fading influence of religious belief.
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All of these factors are increasingly apparent in pluralist societies today. Under Durkheim’s analysis, we should not be
surprised to discover a parallel growth in the diversity of moral outlook and in norms of behavior in modern Britain.
There is, therefore, a more obvious difference between an individual’s moral code and that of society as a whole.
Throughout the study of law we can see the overlapping of law and morality.
Every society believes theft is wrong.
Thieves are always punished in the writings of religions.
Equally, the use of violence to engage in theft is seen as an even worse offence.
There is also morality in the law of civil wrongs (torts), such as negligence where the sanctions aim to compensate and
follow the idea that there should be no unjust enrichment.
Contract law is based on the moral idea that you should abide by your agreement. Where there is unequal bargaining
power, the law steps in to try to redress the balance, as in consumer legislation.
The difficulty is that law does not reflect the morality of the time, as public morality may well lead the law and vice
versa.
Moral issues arise rapidly to the public forefront in time of crisis.
In pandemic, if there is a shortage of medicine, who should go without?

Sometimes the law has to be amended quickly to protect the most vulnerable.
The 2020 Covid-19 pandemic has shown different nations taking different solutions to the problem.
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1.5 LAW & JUSTICE
‘Justice’ is a concept that can be described simply by a synonym, such as fairness, equality or even-handedness.
● Treating like cases in a like manner.
● Showing impartiality and acting in good faith.
The term ‘justice’ has occupied the minds of some of the great thinkers across the ages. As a result, there is a wide
range of theories available to explain its meaning and application.
To consider the extent to which the law (civil and criminal) achieves justice, we need to consider procedural justice
and corrective justice, as well as substantive justice.
A distinction is often made between procedural law and substantive law. Professor Hart referred to justice ‘according
to law’ and justice ‘of the law’. The former term relates to how laws are made and how the legal system operates, the
latter to the laws themselves.
A distinction is often made between procedural law and substantive law. Professor Hart referred to justice ‘according
to law’ and justice ‘of the law’. The former term relates to how laws are made and how the legal system operates, the
latter to the laws themselves.
PROCEDURAL JUSTICE
Making and implementing decisions according to fair process
This can be considered from the aspect of the availability of legal aid. Legal aid is an important part of social justice.
Everyone has a right to access justice, to receive a fair hearing and to understand their legal rights and obligations.
Many people need help to access and use these rights, and legal aid should do this.
The population qualified for legal aid was 80%.
By early 1990s, the percentage declined to 45%.
It was estimated that as few as 20% of people were entitled to legal aid at the start of 2019.
The effects of changes made by the Legal Aid Sentencing and Punishment of Offenders Act (LASPO) 2012 reduced
the availability of legal aid.
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Removed Sections:
● Social welfare law (advice on welfare benefits)
● Employment
● Housing (except homeless cases)
● Immigration (except asylum)
● Family (except domestic violence)
Legal aid is important because a person who cannot afford legal representation can be said to have no right to a fair
trial.
This right is protected under Article 6 ECHR, enshrined in HRA 1998. The right of access to a court must be
meaningful and practical, not theoretical.
Anyone who is arrested and taken to a police station is entitled to free legal advice, whatever their means.
When they are charged or issued with a summons, a person’s eligibility for further legal assistance becomes means-
tested.
They may be provided legal aid and if they lose the case they may have to repay their legal costs.
Legal aid deserts.

Firms can no longer afford to offer these services.
Many firms have given up their legal aid practices, raising serious concerns about increased miscarriages of justice.
ALARMING! As many of those most in need of legal aid are those who are most vulnerable and least well able to
represent themselves. Many are terrified of the whole process of the law.
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CORRECTIVE JUSTICE
Sanctions and Damages

When judges or magistrates pass sentence on an offender, they take into consideration a number of factors.
These include the aim of the sentence:
● to punish the offender for breaking the rules
● to deter others from committing the same offence.
● to rehabilitate the offender
● mitigating and aggravating factors will also be considered.
Civil Law
In negligence, the aim of compensation is to restore the claimant to their pre-contractual position, in so far as
money can achieve this.
To balance this, any contributory negligence on the part of the claimant will reduce their award.
Jebson v Ministry of Defence (2000)
75% of the claimant’s award was reduced for his contributory negligence.
Contract Law
The basis of assessment of damage is loss of bargain:
The claimant is placed in the position they would have been in had the contract been performed.
Only losses that are reasonably within the contemplation of the parties may be recovered.
Victoria Laundry Ltd v Newman Industries Ltd (1949)
‘Concept of proportionality’
Damages are awarded according to the merits of the claim, and not automatically in relation to the harm suffered.
Under these tests, the award of damages are just.
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Criminal Law
Trial by jury members to use their view of justice, rather than adhering strictly to the rules of law and the
evidence presented to them.
R v Ponting (1985)
A civil servant was charged under the Official Secrets Act for releasing secret information about the sinking of the
Argentinian warship General Belgrano.
The judge told the jury that any public interest in the information did not provide a defence but the jury acquitted him.
The rules of evidence adopted in criminal trials seek to balance the interests of the parties to the action.
Evidence of previous convictions is not generally admissible unless the facts are strikingly similar to those in the
instant case.
On the other hand, even illegally obtained evidence may be admissible. (see next case)
Jeffrey v Black (1978)

The police arrested a student for the theft of a sandwich, and then conducted an illegal search of his flat, where they
discovered drugs.
The magistrate threw out the case after ruling the evidence inadmissible.
However, the Divisional Court ruled that the illegality of the search did not justify excluding evidence it had exposed.
This may at first seem to be unjust.
Consider a situation where the police had discovered plans and materials to commit a terrorist attack. They would
surely be justified in relying upon the material found in the ‘illegal’ search in court.
Counter-Terrorism and Border Security Act 2019 has strengthened the powers of police, including the use of stop and
search.
Injustices happen where people serve prison sentences for crimes they are not guilty of.
Birmingham Six and Guildford Four.

The publicity of these and other cases led to the establishment in 1997 of the Criminal Cases Review Commission
(CCRC), whose role is to review the cases of those it feels have been wrongly convicted of criminal offences, or
unfairly sentenced.
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JUSTICE & SUBSTANTIVE LAW
Criminal Law
The principle of proportionality generally governs the sentencing practice of judges and magistrates.
This satisfies our expectations that the more serious the offence, the harsher the sanction that will be imposed.
Those convicted of murder are subject to a mandatory life sentence. The sentencing judge will then impose a tariff,
this being the minimum term the murderer has to serve.
Many agree that imposing a life sentence on a killer is just. Public opinion also supports retributive death penalty.
Some murderers are viewed as worse than others.
The setting of a tariff does not allow for proportionality, and so may lead to harsh decisions.
R v Cocker (1989) the defendant suffocated his wife, at her insistence, with a pillow; she had been terminally ill and in
much pain.
The trial judge denied the defendant any partial defence that would reduce murder to manslaughter.
Here, a life sentence may seem a disproportionate punishment.
A judge may be inclined to provide a measure of justice by imposing a reduced tariff period. (see next case)
R v Inglis (2010) the defendant killed her son because she believed she was acting in his best interest and did not want
him to suffer any further. She was found guilty of murder. The trial judge imposed a nine-year tariff period, reduced
on appeal to five years.
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Lord Judge said: Mercy killing is murder. Unless Parliament decides otherwise, the law recognizes a distinction
between the withdrawal of treatment supporting life, which may be lawful, and the active termination of life, which is
unlawful.
However, the law is gradually moving in line with society’s general view on the issue, as can be seen in the Mavis
Eccleston case. Cases such as this show that, perhaps, justice is better served by allowing judges and magistrates to
pass the sentence they feel to be most appropriate, rather than have a mandatory fixed sentence.
Contract law
Formation of a contract: In Reveille Independent LLC v Anotech International (UK) Ltd. (2016), the court had to
consider if a contract had come into existence between commercial parties when they were apparently still in
negotiation.
In examining the rules on Offer and Acceptance by Conduct, the court was keen to preserve certainty and give due
attention to what it considered to be the reasonable expectations of honest, sensible business people.
This was stressed in order to achieve justice in these business situations.
Exclusion clause: Parties to a contract may try to limit their liability by relying upon exclusion clauses. The
traditional rule of caveat emptor (let the buyer beware) can work against the interests of the weaker bargaining party
or where there is a pre-printed standard form of contract. The courts try to achieve a more just result.
Olley v Marlborough Court Hotel (1949)
An exclusion clause was invalid as it had not been brought to Mrs. Olley’s attention when she booked in at reception.
Spurling (J) Ltd v Bradshaw (1956)
Lord Denning observed that some exclusion clauses were written in ‘regrettably small print’, and stated that the more
harsh or unusual the term was, the more it needed to be brought to the attention of the person signing it, for example
by being ‘printed in red ink, with a red hand pointing on it’.
The Unfair Contract Terms Act 1977 restricts the use of exclusion clauses. A person cannot exclude the liability for
death or personal injury resulting from their negligence, and other exclusion clauses are subjected to the test of
reasonableness.
This Act aims to prevent those with strong bargaining power from taking unfair advantage of weaker parties and
provide a fairer balance between the bargaining parties.
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Penalty clauses: The justice of penalty clauses depends on the view of how far a person can force someone else to
comply with what they have promised.
European and International law allow a court to modify an excessive penalty in a contract term.
Under UK law, the penalty clause is either valid or invalid. In Cavendish Square Holding BV v Talal El Makdessi
(2015) and ParkingEye Ltd v Beavis (2015), the Supreme Court decision widened the previously applied tests in
relation to he enforceability of penalty clauses.
Lord Hodge stated;

The correct test for a penalty clause is whether the sum or remedy stipulated as a consequence of a breach of contract
is exorbitant or unconscionable when regard is had to the innocent party’s interest in the performance of the contract.
This suggests an idea of justice being applied.
Sometimes Parliament intervenes to amend the laws when judiciary cannot.
In past, a person could not sue unless they were a party to the contract.
However, in Jackson v Horizon Holidays (1975), the claimant succeeded in seeking damages for himself and his
family after a package holiday failed to match the advertised description, even though only he, and not his family
members, had made a contract.
In 1999, Parliament passed the Contract (Rights of Third Parties) Act, allowing the third parties to make a claim where
the contract expressly provided for this, or where the contract purported to confer a benefit on them.
These provisions were designed to avoid the obvious injustices caused in cases such as Tweddle v Atinkson (1861),
and the subterfuges that were necessary to obtain a just result which occurred in Beswick v Beswick (1967).
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1.6 THE ROLE OF LAW IN SOCIETY
The rule of law cannot exist without a transparent legal system.

Law attempts to control society through regulation.
This requires;
a clear set of laws that are freely and easily accessible to all
strong enforcement structures
an independent judiciary, to protect citizens against the arbitrary use of power by the state, individuals and other
organizations
In 2010, Lord Bingham published The Rule of Law, in which he identified the core principle of the rule of law:
‘…all persons and authorities within the state, whether public or private, should be bound by and entitled to the benefit
of laws publicly and prospectively promulgated and publicly administered in the courts.’
He set out the rule of law through eight principles, which society, the state and the judiciary must embrace:
1. The state must abide by both domestic and international law. This means no government has the ability to act
at whim
2. People should only be punished for crimes set out by law.
3. Questions on the infringement of rights should be subject to the application of law, not discretion.
4. The law should be accessible, clear and precise and open to public.
5. All people should be treated equally
6. There must be respect for human rights
7. Courts must be accessible and affordable, and cases should be heard without excessive delay.
8. The means must be provided for resolving, without prohibitive cost or inordinate delay, bona fide disputes
which the parties themselves are unable to resolve.
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These principles result in certain roles of law in society:
❑ To protect people from harm – typically by the mechanisms of the criminal law with respect to harm
by other people or by dangerous things such as unsafe machinery or pollution.
❑ To ensure a common good – by providing facilities for all, such as education and healthcare.
❑ To settle arguments and disputes – this is the idea of a civil justice system.
These roles result in regulating and controlling society and make a balance between competing interests within
society.
Much of the balance between different sectors of society is aimed at achieving social control, which may be either
informal or formal.
Informal social control occurs through:

❑ the family
❑ peer groups
❑ local communities
❑ societal groups
Formal social control occurs through specific social agencies which have the role of maintaining order in society.
This is the criminal justice system, and includes:
❑ the police force
❑ the judiciary
❑ the probation and provision services
❑ the law makers
The law makers include;

○ Parliament, through Acts of Parliament and through delegated legislation its powers to local law
makers such as local councils, and
○ the judiciary, in its interpretation and application of the law.
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The civil justice system also does this, so that disputes can be settled through formal mechanisms trusted by society.
Social control is important, because without it there would be the likelihood of anarchy.
It should protect those less able to protect themselves, such as children, disabled people or those who are ill.
1.7 THE IMPORTANCE OF FAULT IN CIVIL AND CRIMINAL LAW
The principle of causation is relevant in both civil and criminal law.

It holds that for there to be liability, the defendant must have caused the loss, damage or injury that is the subject of a
claim in law.
This will be discussed further in the material on criminal law and negligence later.
Civil law is concerned with weighing the interests of the two parties to an action and providing the most suitable
remedy where appropriate
The law of tort, is concerned with civil wrongs. In most areas of tort, liability will only be imposed where a party is at
fault.
The award of damages in negligence is compensatory and intended to restore the claimant to their pre-accident
position, so far as money can do it.
The defendant’s fault is linked to the extent of harm that has been caused.
The award of damages in negligence is compensatory and intended to restore the claimant to their pre-accident
position so far as money can do this.
The defendant’s fault is linked to the extent of harm that has been caused.
However, where the claimant contributes to their own harm or injury, the rules of contributory negligence applies, as
this splits fault between the two parties.
Occasionally exemplary damages may be awarded.
Here, the fault is considered so extreme as to go beyond what would normally be awarded, thus showing the
importance of fault.
In Treadaway v Chief Constable of West Midlands (1994), the claimant had been tortured by the police into making a
confession to a crime, and subsequently sentenced to 15 years’ imprisonment.
Exemplary damages of £50,000 were awarded against the police, as they had shown total disregard to law.
Interestingly, the decision not to prosecute the police for any offence of assault against Treadway was reviewed, but
the police remained protected and there was no proper reflection of the fault of the parties.
The principle of vicarious liability can occur without any fault, in both civil and criminal law.
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In Harrow London Borough Council v Shan (1999), it can be argued that the guilty shop owner had no fault, merely
responsibility.
A shop sold an age-restricted item to an underage child. The shop owner did not personally sell the item, but one of
his staff did. This was enough to make the defendant shop owner guilty. His arguments that he did not himself sell the
item, and that he had given all necessary staff training, were irrelevant. He was strictly liable for the actions of his
staff and was therefore convicted.
In contract law, the Consumer Rights Act 2015 includes a fairness test with respect to the enforceability of terms ad to
consumer notices in contracts.
The Act defines ‘unfair’ terms as those which put consumer at a disadvantage, by limiting their rights or
disproportionately increasing their obligations in comparison with trader’s rights and obligations.
This balance is made without reference to fault and seems to be made on the basis of shifting liability, arguably to
excess, onto the trader to the benefit of the consumer.
However, it can be argued that if, for example, goods sold are defective, then the supplier is at fault and should not be
permitted to exclude that liability.
‘It is permissible to break the law when you passionately believe in a cause.’
Write points for and against this motion.

1. Describe the difference between an adversarial and an inquisitorial legal system.
2. Describe the meaning of ‘the rule of law’
3. Describe the meaning of justice.
4. Assess the relationship between law and morals.
5. Assess whether justice is always achieved through use of criminal law.
Am I ready to move on?

You are if – without referring to the notes or a book – you can answer the following questions;
1. Describe the difference between an adversarial and an inquisitorial legal system.
2. Describe the meaning of ‘the rule of law’.
3. Describe the meaning of justice.
4. Assess the relationship between law and morals.
5. Assess whether justice is always achieved through the use of criminal law.
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2.1 The Parliamentary Law Making
Introduction
The main legislative (law making) body in the UK is Parliament.
It meets in the Palace of Westminster.
In a democracy, the view is that laws should only be made by the elected representatives of society.
Laws passed by Parliament are known as Acts of Parliament or statutes, and this source of law is usually referred to as
statute law.
Parliament can also delegate their power of law making to the government ministers and their departments to make
detailed rules and regulations.
The Legislative Process

UK Parliament consists of
■ House of Commons (elected)
■ House of Lords (hereditary or appointed peers)
■ Queen
Members of Parliament (MPs) sit in the House of Commons and represent a political party.
They are elected by the public.
Under the Fixed-Term Parliaments Act 2011, there must be a general election every five years.
In 2020, the House of Lords consisted of:

○ a maximum of 92 hereditary peers (a title which could be passed down through their family)
○ about 660 life peers (nominated by the prime minister, mostly former politicians who have retired
from House of Commons)
the 26 most senior bishops in the Church of England.
In 2020, the House of Lords consisted of:

○ a maximum of 92 hereditary peers (a title which could be passed down through their family)
○ about 660 life peers (nominated by the prime minister, mostly former politicians who have retired
from House of Commons)
○ the 26 most senior bishops in the Church of England.
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The Pre-legislative Process
Green Papers and White Papers

If the government is unsure what law to introduce on a topic, it may issue a Green Paper by the minister with
responsibility for that matter.
This is a consultative document.
Interested parties are invited to send comments to the relevant government department.
Following this, the government may publish a White Paper with its firm proposals for new law, taking into account
the views received during Green Paper consultation.
Consultation is valuable before any new law is framed.
It allows the for mature consideration.
From time to time, governments are criticized for responding in a ‘knee-jerk’ fashion to incidents or situations and
As a result, rushing through law that has subsequently proved to be unworkable.
This occurred with the Dangerous Dogs Act 1991.
Bills
The majority of Acts of Parliament are introduced by the government.
They are initially drafted by lawyers in the civil service, known as Parliamentary Counsel to the Treasury.
These are referred to as Bills.
Instructions on what is to be included, and the effect the proposed law is intended to have, are provided by the
government department responsible for it.
The Bill has to be drafted so that it represents the government’s wishes, using correct legal wording so that there will
not be any further difficulties in applying it.
It must be unambiguous, precise and comprehensive.
Achieving all of these is not easy, and there may be unforeseen problems with the language used, as discussed later in
Statutory Interpretation.
A Bill only becomes an Act of Parliament if it successfully completes all the necessary stages in Parliament.
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Private Members’ Bills
Private Members’ Bills can also be sponsored by individual MPs.
There is a ballot during each parliamentary session.
Twenty private members are selected who can take their turn in presenting a Bill to Parliament.
The time for debate is limited, so that only the first six or seven members in the ballot have a realistic chance of
introducing a Bill on their chosen topic.
Relatively few Private Members’ Bills become law.
○ the Abortion Act 1967, which legalized abortion in the UK
○ the Marriage Act 1994, which allowed people to marry in any registered place, not only in register
offices or religious buildings
○ the Household Waste Recycling Act 2003, which places local authorities under a duty to recycle
waste.
Ten-minute rule
Backbenchers (MPs who do not have any official position in the government) can also try to introduce a Bill
through a ten-minute rule.
MPs can make a speech for ten minutes supporting the introduction of new legislation.
This method is rarely successful, unless there is no opposition.
Public and private Bills

A public Bill involves matters of public policy that affect either the whole country or a large section of it.
Most government Bills are in this category.
○ Constitutional Reform Act 2005
○ Legal Services Act 2007
○ Punishment of Offenders Act 2012
Criminal Justice and Courts Act 2015
Some Bills are designed to pass a law that will affect only individual people or corporations.
These are called private Bills.
○ University College London Act 1996
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The Process in Parliament
A Bill usually has to be passed by both Houses of Parliament.

The process is long and complex.
A Bill may start in either the House of Commons or the House of Lords, with the exception of finance Bills which
only start in House of Commons.
First Reading
This is a formal procedure, where the name and main aims of the Bill are read out.
Usually, there will be no discussion and no vote.
Second Reading
This is the main debate on the whole Bill, during which MPs deliberate the principles behind the Bill.
The debate focuses on the main principles rather than small details.
The Speaker controls all the debate and no one may speak without being called.
At the end of the debate there will be a vote, which is either verbal or formal:
○ If all members say ‘Aye’ that is the agreement and if all members say ‘No’ that is a disagreement. If
this happens, there is no use of formal vote.
○ If the verbal vote is unclear or inconclusive, there will be a formal vote.
There must be majority in favor of the Bill for it to progress to the next stages.
Committee Stage
If the Bill passes the Second Reading, the Committee Stage then examines each clause in detail.
This is undertaken by a standing committee of 16-50 MPs, chosen specifically for that Bill.
During this stage, amendments to various words or clauses in the Bill may be voted on and passed.
23
Report Stage
The Report Stage is where the committee reports back to the House on any amendments to the Bill.
Amendments are debated in the House and either accepted or rejected, and further amendments can be added.
If there are no amendments, there will be no report stage – the Bill will go straight to Third Reading.
Third Reading
This is the final vote on the Bill. It is almost a formality, since a Bill that has passed through all the stages
above is unlikely to fail at this stage.
There is usually no debate or vote.
The House of Lords

If the Bill started in the House of Commons, it now passes to the House of Lords, where it goes through the
similar stages to those in the House of Commons.
If the House of Lords makes amendments to the Bill, it goes back to House of Commons and if they do not accept the
amendments the Bill is sent back to House of Lords for reconsideration.
This is known as ‘ping-pong’.
If the Bill started in the House of Lords, at this stage it then passes to the House of Commons for consideration.
By the end of this procedure, the Bill should have been fully agreed by both houses.
The Parliament Acts 1911 and 1949

The power of the House of Lords to reject a Bill is limited by the Parliament Acts 1911 and 1949.
This allows a Bill to become law even if the House of Lords rejects it, provided the Bill is reintroduced into the House
of Commons in the next session of Parliament and passes all the stages again there.
The Principle behind the Parliament Acts is that the House of Lords is not an elected body, and its function is to refine
and add to the law rather than oppose the will of the democratically elected House of Commons.
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There have been only occasions when this procedure has been used to bypass the House of Lords after it voted against
a Bill:
○ the War Crimes Act 1991
○ the European Parliamentary Elections Act 1999
○ the Sexual Offences (Amendment) Act 2000
○ the Hunting Act 2004
Royal Assent
The final stage is where the monarch formally gives approval to the Bill and it then becomes an Act of
Parliament.
This is now a formality and under the Royal Assent Act 1967, the monarch will not even have the text of the Bills to
which she is assenting; she will only have the short title.
Commencement of an Act
Following the Royal Assent, the Act of Parliament comes into force on midnight of that day, unless another
data has been set.
If not immediately, the Act itself states the date when it will commence, or it passes responsibility to a government
minister to set the commencement date.
Sometimes different sections of the Act are brought into force at different times.
Advantages of Parliamentary Law Making

● Law is made by elected representatives. This means it is democratic.
● Acts of Parliament can reform whole areas of law in one new Act. Example: Fraud Act 2006
● Acts of Parliament can also provide delegated legislation.
● Bills are debated upon, so there is detailed consultation.
● Acts of Parliament cannot be challenged in Courts of law.
25
Disadvantages of Parliamentary Law Making
● Lack of time for Government and Parliament to have inclination towards all the proposed reforms.
● A very time-consuming method, can take months.
● Very little time for Private Members’ Bill
● Acts of Parliament are often long and complicated
● Law becomes more complicated through amendments.
● Sometimes Act coming into force becomes confusing.
2.2 PARLIAMENTARY SUPREMACY

The Parliamentary Sovereignty
Introduction
The most widely recognized definition of Parliamentary supremacy was given by Dicey in the nineteenth
century.
He made three point
Definition (Dicey)
1. Parliament can legislate on any subject matter it wants; there are no limits on what it can make laws about.
Parliament can also change its own powers. It did this with the Parliament Acts 1911 and 1949 which placed
limits on the right of the House of Lords to block a Bill by voting against it.
2. No Parliament can be bound by any previous Parliament, nor can a Parliament pass any Act that will bind a
later Parliament. Each new Parliament should be free to make or change whatever laws it wishes.
3. No other body has the right to override or set aside an Act of Parliament. This means that an Act of Parliament
cannot be contradicted by judges’ decisions in court or pieces of delegated legislation.
This rule is applied even where the Act of Parliament may have been made because of incorrect
information.
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Limitations on parliamentary supremacy
There are some limitations on parliamentary supremacy, but these have all been self-imposed by previous
Parliament.
The main limitations are through:
○ the effect of the Human Rights Act 1998
○ devolution
○ EU membership
Effect of the Human Rights Act 1998

The Human Rights Act 1998 states that all Acts of Parliament have to be compatible with the European
Convention on Human Rights.
It is possible to challenge an Act on the grounds that it does not comply with the Convention.
Under s 4 of the Human Rights Act, the courts have the power to declare an Act incompatible with the
Convention.
H v Mental Health Review Tribunal (2001)
When making an application of release, the Mental Health Act 1983 placed the burden of proof on the patient to show
that they no longer needed to be detained.
The effect of the Human Rights Act meant that it should be up to the State to justify the continuing detention of such a
patient.
Devolution
The Scotland Act 1998 and the Government of Wales Act 1998 have devolved (handed down) certain powers
to the Scottish Parliament and the Welsh Parliament respectively.
As a result, each body can make laws on certain matters for its own country, without requiring approval from
the Westminster Parliament.
EU membership
In 1973, the UK became a member of the EU. In 2016, the British people voted in a referendum to leave the
EU, and the result of this referendum was given effect on 31 January 2020. One of the reasons given for this result
was the loss of sovereignty.
27
2.3 INFLUENCES ON PARLIAMENT
Political Pressure
All political parties publish their list of policies before elections.
They have their own manifesto, a way of persuading people for vote.
Policies mainly include, finance, education, transport and law and order.
The party that has the most members elected to the House of Commons then becomes the government.
This party has the whole life of the Parliament (up to five years) to introduce the reforms it promised in its manifesto.
Throughout the session of Parliament, the government has the major say on which new laws are put before Parliament
for debate.
The opposition parties in Parliament hold the government to account when it introduces its proposals, to ensure that
the manifesto promises are implemented and in the way they have been outlined.
Advantages of political pressure
• Each political party has its proposals for reform ready and published in a manifesto during an election
campaign so that, if it is elected as the government, the electorate know what it wishes to do in future
parliamentary sessions to achieve its aims.
• If the government has a majority of seats in the House of Commons, virtually every one of its policy proposals
will be passed. This can be said to make the law-making process efficient.
• The public know before the election what the broad proposals of each political party are, and have a choice as
to which set of proposals and law reforms they would wish to see put in place.
• Proposed changes to law will be debated in Parliament and improvements to initial proposals can be
suggested.
• Members of the House of Lords have expertise in a wide range of topics.
Disadvantages of political pressure
• If a different party is elected in a general election from the previous governing party, it may decide to repeal
or alter some of the laws that the previous government passed. Such changes can be costly and open to
criticism.
• If the government has a large majority of seats in the House of Commons, it can force through its policy
proposals.
• If the government has only a small majority, it may be difficult or impossible to achieve changes to the law or
manifesto commitments.
• Suggestions to alter or improve the proposals made by experts in the House of Lords do not have to be
accepted by the House of Commons or the government.
• If a crisis occurs, such as COVID-19 pandemic, the government’s focus will be to take measures to deal with
that crisis, which may differ from its manifesto commitments.
28
Public Opinion
Public opinion on an issue may be reflected through the media, particularly social media, and pressure groups.
In 2015, a system of online petition was set up for individuals to have their concerns heard.
A matter has to be of a nature for which the government is responsible.
Where there is a strong public opinion to about a change to the law, the government may bow to such opinion.
This mostly happens at the end of a government’s terms.
In 2007, strict laws about smoking in public places was introduced.
Advantages of public opinion
• An individual may express their opinion to an MP or through an online petition. The government may support
a campaign to change the law
• An individual may be successful in bringing their campaign to a wider audience if they can interest the media
to publicise the campaign.
Disadvantages of public opinion
• The public could be ill-informed on an issue and make unreasonable opinions or unworkable demands of the
government.
• The government may decide to sacrifice its popularity and not act on, or delay acting on, a petition.
• MPs are unlikely to be successful in introducing a Private Members’ Bill to act on public opinion.
Pressure Groups
People who have a special interest in a subject or a cause.
They try to bring it to the knowledge of general public and/or the government.
This is done by campaigning.
There are two types of pressure groups;
○ Sectional pressure groups. Represent the interest of a particular group of people, often workers’
groups or professions. Examples including the Law Society, which represents solicitors’ interests, the
British Medical Association, which represents doctors, and trade unions, which represent workers in
different types of jobs.
○ Cause pressure groups. Promote a particular cause. Examples include environmental groups such as
Greenpeace, animal welfare groups.
Pressure groups may make the government reconsider certain areas of law. Sometimes pressure groups campaign
against a proposed change to the law.
Example: The passing of Hunting Act 2004, which banned the hunting of foxes and dogs was due to the efforts of the
League Against Cruel Sports.
29
Advantages of pressure groups
• There are many pressure groups with different aims and issues. A wide range of issues can be drawn to the
attention of the government.
• Pressure groups often raise important issues. Environmental groups have made the government much more
aware of the damage being done to the environment by greenhouse gases and other pollutants.
• Pressure groups are experts when representing their members of their cause. They will have experts in their
membership, or can employ experts, to argue their cause.
Disadvantages of pressure groups
• Pressure groups may seek to impose their ideas, even where the majority of the public do not support their
views.
• Sometimes two pressure groups have conflicting interests and campaign for opposing actions.
Media
Media includes television, radio, newspapers, magazines and internet sources.
Media can play a large role in bringing public opinion to the government’s attention.
Media can both represent and influence public opinion.
Examples: The Snowdrop Campaign successfully used the media to campaign for handguns to be banned.
The Dangerous Dogs Act 1991, which subsequently considered to be a poorly drafted piece of legislation, as it
was introduced in a knee-jerk reaction to media publicity.
There was reform of the ‘double jeopardy’ rule, allowing a person to be tried more than once if new evidence comes
to light following an acquittal in the first trial. This was introduced by the Criminal Justice Act 2003 and was due to
media campaigns after the suspects accused of killing Stephen Lawrence were acquitted in their first trial, despite
strong evidence against them.
Advantages of media pressure
• The media can raise awareness of public concern on an issue with the government.
• The public and pressure groups can use the media to raise concern about individual incidents.
• The media can inform and raise public awareness, which is essential to encourage the government to form
policy, act and legislate.
Disadvantages of media pressure
• While radio and television channels are required to remain politically neutral, this is not the case with
newspapers or social media, which are willing to promote individual views and campaigns.
• There is no regulation on the expression of views on the internet or on social media.
• Newspapers are commercial business and may be prepared to sensationalise an issue to expand their
readership.
30
31
The role and composition of the Law Commission
This is a full-time body which was set up in 1965 by the Law Commissions Act. It consists of a chairman, A High
Court Judge, and four other Law Commissioners who are experts in certain areas of law.
There are also researchers and draftsmen, who prepare proposed Bills.
The role of the Commission is to consider areas of law that are believed to be in need of reform.
How the Law Commission works
Topics may be referred to the Law Commission by the government, or it may itself select areas of law in need of
reform.
It first researches the area of law which they think needs to be reformed. It then publishes a consultation paper,
seeking views on possible reform from lawyers, academics and anyone with an interest in the area under investigation.
The consultation paper will suggest options for reform.
After the responses to the consultation paper, the Commission will then draw up proposals for reform presented ina
researched report.
Repeal of existing law
There are many old, unnecessary and irrelevant statutes still in existence. In order to deal with these, the Law
Commission prepares a Repeals Bill for Parliament to consider.
By 2015, there had been the whole of 3000 old Acts that had been repealed.
This ‘tidying-up’ of the statute book helps to make the law more accessible.
Consolidation
In some areas of law, there are a number of statutes, each of which sets out a small part of the total law.
The aim of consolidation is to draw all the existing provisions together in one Act to make the law more accessible.
However, consolidation is not always successful. For example, even after the consolidation of sentencing practice and
procedure in the Powers of Criminal Courts (Sentencing) Act 2000, the current law on sentencing practice and
procedure is contained in four different Acts.
Codification
This involves binging together all the law on a topic, both statutory and judicial precedent, into one single law.
The Law Commission continues to press for a Sentencing Code, so that all the Law is in one document instead of all
the Acts referred to above.
This would make the law more accessible and understandable, and give consistency and certainty.
Is the Law Commission successful?
Although the Law Commission has not achieved its original idea of codification, it has been successful in some areas
of law. After it was established, about 85 per cent of its proposals were enacted by Parliament.
Subsequently, only about 50 per cent of its suggestions have become law, due to lack of parliamentary time and lack
of interest by Parliament in technical law reform.
According to its annual report of 2017-18 every one of six of its reports is rejected by the government.
32
Here are some reforms which have been passed in recent years;
➢ The Fraud Act 2006 simplified the law on fraud.
➢ The Corporate Manslaughter and Corporate Homicide Act 2007 made corporations and organizations
criminally liable for deaths caused by their working practices.
➢ The Criminal Justice and Courts Act 2015 included reform of contempt by jurors and the creation of new
offences of juror misconduct in relation to using the internet.
Advantages of Law Commission
• Areas of law are researched by legal experts.

• The Law Commission is politically independent.
• Its recommendations are based on thorough research.
• Draft Bills are prepared and presented to Parliament.
• If Parliament accepts a recommendation to codify an area of law, it becomes easier for lawyers and the public
to find and understand.
• Many old, irrelevant laws are removed from the statute book.
Disadvantages of Law Commission
• There has been a failure of Parliament to implement its reforms, Parliament has to wait for the government to
accept a report and act on it.
• Parliament tends to concentrate on debates on broad policy areas, such as health and education, rather than on
‘purely’ legal issues.
• The Law Commission recommended reforms to the criminal law on non-fatal offences in 1993, and to the
civil law of negligence in 1998, but neither area of law has been changed.
• The government is not bound to consult the Law Commission before bringing any changes in the Law to
Parliament; for example, it was not consulted on changes to sentencing practices and procedure.
1. Describe the purpose of Green and White Papers.
2. Describe the Parliamentary stages of a government Bill.
3. Describe Dicey’s principles of parliamentary supremacy (sovereignty).
4. Assess the work of pressure groups as an influence on law making.
5. Assess the work of the Law Commission as an influence on law making.
33
3.1 DELEGATED LEGISLATION
Introduction
As well as Parliament directly making laws through Acts of Parliament, other people or bodies can be given the power
by Parliament to create laws.
This can include the Privy Council, government ministers, local authorities and certain companies.
Law created in this way is known as delegated legislation.
As the power to make law is given to unelected people or bodies, there are various checks and controls on the making
and operation of delegated legislation.
The authority is usually laid down in a ‘parent’ Act of Parliament, known as an enabling Act, which creates the
framework of the law and then delegates power to others to make more detailed law in the area.
An example of an enabling Act is the Police and Criminal Evidence Act 1984, which gives authority to make Codes of
Practice for the use of police powers.
1. Orders in Council
The Queen and Privy Council have the authority to make Orders in Council.
The Privy Council is made up of the prime minister and other leading members of the government.
This type of delegated legislation effectively allows the government to make legislation without it having to be
debated or voted on in Parliament.
Orders in council can be made on a wide range of matters, especially;
❖ transferring responsibility between government departments
❖ bringing Acts (or parts of Acts) of Parliament into force
❖ making law in emergencies
In 2003, an Order in Council was made to alter the Misuse of Drugs Act 1971, to downgrade cannabis to a Class C
drug.
2. Statutory Instruments
The term ‘statutory instruments’ refers to rules and regulations made by government ministers.
Ministers in the government departments can be given authority to make regulations.
Each department deals with a different area of policy, and the minister in charge can make rules and regulations on
work-related matters, such as health and safety at work, while the minister of Transport is able to deal with road traffic
regulations.
Statutory Instruments can be very short, covering one point, such as making the annual change to the minimum wage.
However, other statutory instruments may be very long, the detailed regulations that were too complex to include in an
Act of Parliament.
34
The use of Statutory Instruments is a major method of law making. In 2014, 3481 statutory instruments were made,
but in 2019 the number was only 1410.
3. Bylaws
These can be made by local authorities, to cover matters within their own area.
A county council can pass bylaws affecting a whole country, while a district or town council can only make bylaws
for its district or town.
Many local bylaws involve traffic control, such as parking restrictions.
Other bylaws may be made for regulating behavior, such as banning drinking in public places or banning people from
riding bicycles in a local park.
Bylaws can also be made by public corporations and certain companies, for matters within their jurisdiction that
involve the public.
This means that bodies such as the British Airports Authority and railway companies can enforce rules about public
behavior on or around their premises.
The Legislative and Regulatory Reform Act 2006

In addition to specific Acts giving ministers powers to make statutory instruments, the Legislative and Regulatory
Reform Act 2006 gives ministers power to make any provision by order, if it will remove or reduce a ‘burden’
resulting from legislation.
For this purpose, a burden s defined as:
• a financial cost
• an administrative inconvenience
• an obstacle to efficiency, productivity or profitability
• a sanction that affects the carrying on of any lawful activity.
Any minister making a statutory instrument under the powers of this Act must consult various people and
organisations.
Orders made under this Act must be laid before Parliament to be considered by one of the following procedures:
• the negative resolution procedure, or

• the affirmative resolution procedure, or
• the super-affirmative resolution procedure.
This procedure gives Parliament more control over delegated legislation made under the Legislative and Regulatory
Reform Act 2006.
35
Parliamentary Controls on Delegated Legislation
Parliament has initial control over delegated legislation, as the enabling Act will set the boundaries within which the
delegated legislation is to be made.
It will sate which minister will make what law and if it is for the whole country or a specific area.
The Act will also set out whether the government must consult other people before making regulations.
Parliament can also repeal the powers in the enabling Act at any time.
There is a Delegated Powers Scrutiny Committee in the House of Lords, which considers whether the provisions of
any Bill delegate legislative power inappropriately.
Pre-drafting Consultation
Before publication, the government department can consult with all interested parties and can take their views into
account when drafting the regulations, but it is not bound to do so.
Scrutiny Committee
A more effective check is the existence of a Joint Select Committee on Statutory Instruments, usually called the
Scrutiny Committee.
This committee reviews all statutory instruments and, where necessary, will draw the attention of both Houses of
Parliament to points that need further consideration.
The main grounds for referring a statutory instrument back to the Houses of Parliament are that it:
• imposes a tax or charge
• appears to have retrospective effect that was not provided for
• appears to have gone beyond powers given
• is unclear or defective in some way

The committee can just report back, it cannot alter any statutory instrument.
Affirmative Resolutions
A small number of statutory instruments will be subject to the affirmative resolution.
This means that the statutory instrument will not become law unless specifically approved by the parliament.
It will have to be debated in the Parliament before it can operate.
Negative Resolutions
Most other statutory instruments will be subject to a negative resolution.
This means that the relevant statutory instrument will be law unless rejected by Parliament within 40 days.
The main problem with this procedure is that, in view of the number of statutory instruments issued, very few will be
looked at in Parliament.
36
Questioning
Individual ministers may be questioned by MPs in Parliament on the work of their departments, and this can include
questions about proposed regulations.
Court controls on Delegated Legislation

Delegated legislation can be challenged in the court on the grounds that it is ultra vires (beyond powers)
Judicial Review and Locus Standi
Any action to challenge will be taken to Queen’s Bench Division of the High Court.
It can only be taken by a person or body with locus standi or an interest in the proceedings.
This will usually be a person or body affected by a decision, or someone on their behalf.
Locus standi will be decided as a preliminary matter, before the main issues in the case are considered.
Any delegated legislation which is ruled to be ultra vires is void and not effective.
There are two types of ultra vires
i. procedural ultra vires
ii. substantial ultra vires
Procedural ultra vires
This is concerned with how the delegated legislation is made if any required procedures have been correctly followed.
Any piece of delegated legislation made without following the correct procedure will be ultra vires and void.
Substantive ultra vires
This is concerned with whether the content of the delegated legislation is within the limits specified in the parent Act.
Any delegated legislation beyond those limits will be ultra vires and void.
R v Secretary of State for Education and Employment ex parte National Union of Teachers (2000)
It was ruled that a statutory instrument setting conditions for appraisal and access to higher rates of pay for teachers
was beyond the powers given in the Education Act 1996.
In addition, the procedure was unfair, as only four days had been allowed for consultation.
Attorney-General v Fulham Corporation (1921)
The parent Act gave the local authority the power to provide public clothes-washing facilities. The authority set up a
commercial laundry where their employees washed residents’ clothes.
This was held to be ultra vires, as they had no authority to do so.
37
Unreasonableness
A piece of legislation or a decision can be declared ‘Wednesbury Unreasonable’ following the decision in Associated
Provincial Houses v Wednesbury Corporation (1948).
R (Rogers) v Swindon NHS Trust (2006), when a woman with early-stage breast cancer was prescribed the drug
Herceptin by her doctor.
The NHS Trust refused to provide this non-approved drug, because it said that her case was not exceptional.
The Trust was unable to show why the drug was prescribed for some patients and not others.
Its decision was decided in court to be irrational, unreasonable and void.
Strickland v Hayes Borough Council (1896).
A bylaw prohibiting the singing or reciting of any obscene song or ballad and the use of obscene language generally.
held: unreasonable and so ultra vires
because it was too widely drawn in that it covered acts done in private as well as those done in public.
levy taxes and sub-delegation are also considered to be unreasonable and ultra vires.
Advantages of delegated legislation

• Time-saving: delegated legislation is quicker to pass and amend.
• Policy over detail: it is better for MPs to focus on wider issues rather than detail.
• Speed: delegated legislation allows for a quick response in an emergency, as Parliament might not be sitting.
• Expertise: it is better to use technical expertise or local knowledge when making detailed laws for industry or
local areas.
• Flexibility: delegated legislation can be easily amended or revoked. Acts of Parliament can be brought into
force piecemeal.
• Controls: there is both parliamentary and judicial help to avoid abuse of power by ministers of others with
delegated powers.
Disadvantages of delegated legislation

• It takes law making away from the democratically elected House of Commons and allows non-elected people
to make law.
• Sub-delegation: this means that law-making authority is handed down another level. This brings comment that
much law is made by unelected civil servants and merely ‘rubber-stamped’ by the minister of that department.
• The large volume of delegated legislation gives rise to criticism since it makes it difficult to discover what the
present law is.
• Delegated legislation contains obscure wording that can lead to difficulty in understanding the law and
requires judges to interpret its meaning.
1. Which body makes Orders in Council, and who can sit on this body?
2. Who can make statutory instruments, and from where do they get the power to make these regulations?
3. Describe two ways judges can control delegated legislation.
4. Assess the benefit of using bylaws.
5. Assess the reasons for the use of delegated legislation.
38

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THE ENGLISH LEGAL SYSTEM

PAPER 1 – A’ LEVEL LAW – 9084

THE RULE OF LAW IS THE FOUNDATION OF OUR BASIC RIGHTS

OTHER ACADEMIC VIEWS ON THE RULE OF LAW

JOSEPH RAZ ON THE RULE OF LAW

○ The Courts should have power of judicial review.

CHANGES IN TWENTY-FIRST CENTURY

1.2 The Rule of Law and Law Making

THE RULE OF LAW AND THE LEGAL SYSTEM

SUBSTANTIVE CRIMINAL LAW

SUBSTANTIVE CIVIL LAW [TORT]

SUBSTANTIVE CIVIL LAW [CONTRACT]

SUBSTANTIVE LAW OF HUMAN RIGHTS

1.3 DIFFERENCE BETWEEN CRIMINAL LAW & CIVIL LAW

The Relationship between Law & Morality

UK Society is considered multicultural, where there is a wide range of views.

In pandemic, if there is a shortage of medicine, who should go without?

Making and implementing decisions according to fair process

Legal aid deserts.

Sanctions and Damages

Jeffrey v Black (1978)

Birmingham Six and Guildford Four.

JUSTICE & SUBSTANTIVE LAW

Lord Hodge stated;

The rule of law cannot exist without a transparent legal system.

Informal social control occurs through:

The law makers include;

1.7 THE IMPORTANCE OF FAULT IN CIVIL AND CRIMINAL LAW

The principle of causation is relevant in both civil and criminal law.

Write points for and against this motion.

Am I ready to move on?

The Legislative Process

In 2020, the House of Lords consisted of:

In 2020, the House of Lords consisted of:

Green Papers and White Papers

Public and private Bills

A Bill usually has to be passed by both Houses of Parliament.

The House of Lords

The Parliament Acts 1911 and 1949

Advantages of Parliamentary Law Making

2.2 PARLIAMENTARY SUPREMACY

Effect of the Human Rights Act 1998

• Areas of law are researched by legal experts.

The Legislative and Regulatory Reform Act 2006

• the negative resolution procedure, or

• imposes a tax or charge

• appears to have retrospective effect that was not provided for

• appears to have gone beyond powers given

• is unclear or defective in some way

Court controls on Delegated Legislation

Advantages of delegated legislation

Disadvantages of delegated legislation

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