W100 Tma02

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Phil Collins
Assignment TMA01

Question 1
In my essay I will be explaining different sources of law in England and giving examples. There are four main sources of law in England, those being parliament, the Judiciary courts, European law, and ECHR which is the European Convention of Human Rights. 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 the 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. Delegated legislation is made out of the parliament by people who are not members of parliament, this is however controlled by parliament and the judicial service, the judges can say that delegated legislation is ultra vires, which means ‘beyond powers’ this would then become void. 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 Act 1999, section 385(1). (Block 1 Rules and rule making p. 116) this is a byelaw The Judiciary courts deal with common law and statutory interpretation. Common law is made by judges, through the interpretation of statutes and acts it has a number...
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