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,CONTENT:
No. TITLE PAGE
Parliamentary Law Making
1. Explain parliamentary law-making process. 4
2. What are the advantages and disadvantages of parliamentary law making process? 5
3. Explain Law Commission. 7
Delegated Legislation
1. Types of delegated legislation. 10
2. Advantages and disadvantages of delegated legislation. 1113
3. Would you say that sufficient control is exercised over delegated legislation
implementation?
Statutory Interpretation
1. Rules of statutory interpretation. 16
2. Advantages and disadvantages of statutory interpretation. 18
3. Discuss the impact of the Human Right Act 1998 on the English legal system. 20
4. Describe the approaches and tools available to judges for statutory interpretation. 23
Discuss whether these give judges too much power.
Judicial Precedent
1. Explain how precedent works in the English legal system. 26
2. Discuss the strengths and weaknesses of the precedent. 29
3. Assess how far the Practice Statement 1966 (House of Lord / Supreme Court) and 31
the case of Young v Bristol Aeroplane Co Ltd [1944] (Court of Appeal Civil Division)
allow the courts to adapt the common law.
Civil Justice System
1. Describe the routes of appeal from decisions in the civil justice system. Discuss how 34
difficult it might be to make such an appeal.
2. The effectiveness of civil justice system. 36
3. EXTRA INFORMATION: Role and jurisdiction of the civil courts 39
4. EXTRA INFORMATION: Pre-trial process for civil matters 41
Alternative Dispute Resolution (ADR)
1. Explain the various form of alternative dispute resolution (ADR) and evaluate their 42
effectiveness in resolving civil disputes.
2. Advantages and disadvantages of Alternative Dispute Resolution (ADR). 44
Criminal Justice Process
1. Routes of appeal in criminal matters and how difficult it might be to make such an 46
appeal.
2. Tirable-either-way offence. 48
3. Bail 50
4. EXTRA INFORMATION: Role and jurisdiction of the criminal courts 52
Police Power
1. How successful, in reality, are the PACE safeguards in protecting suspects held at 53
police stations.
,2. Power to stop and search, and arrest and safeguard. 56
Judiciary
1. Describe the selection process of judges and assess how far it ensures that the right 59
people are appointed.
2. Explain the ways in which the judiciary is independent. 62
3. EXTRA INFORMATION: The roles and responsibilities of the judiciary. 64
Legal Personnel
1. Compare the barrister, solicitor and legal executive. 67
2. How far it is true to say that solicitor and barrister are now identical? Discuss this 71
statement and evaluate its advantages and disadvantages.
3. EXTRA INFORMATION: 74
a) The Bar Council
b) Bar Standards Board
c) The Law Society
d) Solicitor’s Regulation Authority
e) Chartered Institute of Legal Executive
f) CILEx Regulation Board
g) Legal Ombudsman
Jury System
1. Since the passing of the Criminal Justice Act 2003 range of the people called for the 76
jury service has increased. Explain who is qualified for jury service and how they are
selected. Consider how far the changes may have influenced the effectiveness of the
jury.
2. Roles, advantages and disadvantages of the jury system. 79
3. How the juries selected for criminal trials? Discuss any proposals for reform of the 82
jury system.
4. Describe the selection and training of lay magistrates. Assess the extent to which it 84
is appropriate to allow a layperson to act as judge in the Magistrates’ Court.
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,Parliamentary law making
Parliamentary law making
1. Explain parliamentary law-making process.
First reading is a formal procedure where the name and main aims of the Bill are read out.
Usually, there is no discussion or amendment in this initial stage. Second reading gives the Members
of Parliament to do a debate which focuses on the principle of the bill. During the debate, anyone
who wants to speak must be permitted by the Speaker in advance. In the end, the members will vote
by shouting out ‘Aye’ or ‘No’. A formal vote will only be conducted if the agreement is unclear. To be
noticed, once the Bill is defeated on Second or Third Reading in either House, it will not become law.
At the Committee stage, a detailed examination of each clause of the Bill is undertaken by the
Standing Committee which involves the government, as well as the opposition and minority parties.
Then, the amendments will be reported back to the House, starting a further debate in Report Stage.
If necessary, other amendments can be added. Third reading is the final overview on the Bill. It is
almost a formality since it is rarely failed in this stage. In the House of Commons, there will only be
an actual further debate on the whole Bill if at least six MPs request it.
During the five stages outlined above, if the Bill started in the House of Commons, it will now be
sent to the House of Lords and vice versa. An interesting part known as ‘ping-pong’ is involved. A Bill
that is amended by the House of Lords will be sent back to the House of Commons for consideration.
If the Commons do not accept any of those amendments, it will go back to the House of Lords for
them to reconsider it. If the Lords insist on it, again, they will send it back to the Commons. This can
result in some amendments being sent from one House to another several times.
Royal assent is the final stage where the monarch formally gives approval, turning the Bill into an
Act of Parliament. Under the Royal Assent Act 1967, this is merely a formality in which the monarch
will only receive a short title of the Bill to which she is assenting.
,Parliamentary law making
2. What are the advantages and disadvantages of parliamentary law making process?
Introduction:
Parliament is the legislative institution of a country that consists of the House of Commons,
the House of Lords and the Monarch. It is supremacy and exclusive, with law-making being its
primary role. The procedures involved to turn a Bill into an Act of Parliament are first reading,
second reading, committee stage, report stage, third reading and royal assent. Note that only
finance Bills must start in the House of Commons, others may start in either the Houses.
Advantages:
One of the advantages of parliament law making is democratic. As mentioned, parliament is
a legislative institution consisting of three bodies. Granted that the House of Commons is elected by
the citizens via an election every 5 years, as stated in the Fixed-term Parliaments Act 2011, those
elected members then represent the views of constituents. In contrast, the unelected Lords do not
have the power to veto a bill while the Monarch is just a formality. Therefore, technically, the laws
passed by MPs are agreed upon by the majority of people in the country.
Next, flexibility is another advantage. Since all MPs and Lords are able to do an introduction
of Bills for diverse topics, proposing controversial legislation is avoided. In this way, bills can be
sponsored by individual MPs. Such examples are the Abortion Act 1967, the Marriage Act 1994, and
the Household Waste Recycling Act 2003 which were introduced through a Private Members’ Bill.
Furthermore, backbenchers are also allowed to introduce a bill by using a 10-minute rule, yet it is
rarely successful. An example is the Bail (Amendment) Act 1993 which gave the prosecution the right
to appeal against the granting of bail to a defendant.
In addition, Parliament law-making is beneficial as it is a thorough legislative process. Before
turning into an Act, a bill has to go through many stages in both Houses. Within those stages, MPs
have several opportunities to conduct extensive debates and make amendments to scrutinise
whether there are any mistakes in the bill. As a result, this checking mechanism ensures that all
aspects of the legislation are taken into account and the best possible outcome is achieved.
Disadvantages:
On the other hand, the process is deemed to be unrepresentative. First, the House of Lords
is not an elected body. The Lords should not be granted the power to make any law. Furthermore,
even the democratically elected House of Commons is not truly independent. In fact, they do what
the government tells them to do because the majority of MPs are members of the governing party.
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, Parliamentary law making
Another drawback is it is a slow process. Since a Bill has to go through many readings and
stages in both Houses, it can take months or even years to establish a new statute. It is time-
consuming to reach unanimity, particularly in the ‘ping-pong’ process. Also, as the Members of
Parliament are very busy dealing with different kinds of work, they cannot just focus on discussing a
Bill until it turns into an Act. Overall, the speed of the law-making process should be criticised for
being inefficient.
Plus, the parliamentary law making process is lack of accessibility. Ideally, the laws should be
easily accessible to citizens. But, parliamentary draftsmen may use words which are ambiguous,
unclear or they may over-elaborate, making the Act lengthy and complicated. As a result, it creates
difficulties for the public, lawyers or even judges to comprehend the real intention of Parliament.
Conclusion
In conclusion, parliamentary law making process has its characteristics of democratic,
flexible and rigorous. In contrast, it is unrepresentative, slow and hard to access. It is crucial to bear
in mind that statute law is the basis of legal practice, thus, a Bill should be checked carefully by the
Parliament in each stage. Above all, Parliament is the most effective and reliable institution for
enacting legislation.
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