1. Assess the role of Parliament in the law making process
CH 3.
1. Describe three parliamentary controls on delegated legislation
2. Assess the benefit of statutory instruments and Orders in Council
CH 4.
1. Describe the use of the literal rule by judges
2. Assess the role of judges in statutory interpretation
CH 5.
1. Describe when the Court of Appeal can depart from a precedent in civil cases
2. Discuss the advantages of judicial precedent
CH 6.
1. Describe the tracking system of civil court claims
2. Discuss the difficulties an individual claimant may encounter when pursuing a high-value civil court claim
CH 7.
1. Describe the process of arbitration
2. Discuss the disadvantages of using ADR as a means of dispute resolution
Sample Answer
This analysis addresses the role of Parliament and various aspects of the legal system, including delegated legislation, statutory interpretation, judicial precedent, civil claims, and Alternative Dispute Resolution (ADR).
Chapter 1: The Role of Parliament in Law Making
Parliament's primary role in the law-making process is to create, scrutinize, and enact primary legislation (Acts of Parliament). This process is bicameral, involving both the House of Commons and the House of Lords.
Sovereignty: Parliament is the supreme law-making body in the UK (Parliamentary Sovereignty). No other body, including the courts, can legally overturn an Act of Parliament.
The Process: A proposed law (a Bill) must go through multiple stages in both Houses—First Reading, Second Reading (debate on principles), Committee Stage (detailed scrutiny), Report Stage (amendments), and Third Reading.
Scrutiny: The House of Lords, though unelected, plays a vital role in scrutinizing and revising Bills, often preventing the hasty passage of flawed legislation.
Royal Assent: Once passed by both Houses, the Bill receives Royal Assent and becomes an Act of Parliament (primary legislation).
Parliament, therefore, sets the broad policy framework and delegates the detailed rules to other bodies.
Chapter 3: Delegated Legislation
1. Three Parliamentary Controls on Delegated Legislation
Delegated legislation (DL), such as Statutory Instruments, is law made by a body other than Parliament, but under the authority of an Act of Parliament (the enabling Act). Parliament maintains control through:
Laying Before Parliament (Scrutiny): Most DL must be laid before Parliament, allowing MPs and Peers to examine it.
Negative Resolution Procedure: The DL becomes law unless a motion is passed within a set period to annul it (a less stringent control).
Affirmative Resolution Procedure: The DL cannot become law unless explicitly approved by both Houses of Parliament (a stricter control, usually reserved for significant changes).
Scrutiny Committees: The Joint Committee on Statutory Instruments (JCSI) reviews all DL to ensure it is technically correct, clear, and does not impose a tax or have retrospective effect. They can bring problematic instruments to the attention of Parliament.
The Enabling Act: Parliament can control the scope of the DL from the outset by carefully drafting the original Act. The enabling Act sets the boundaries (the vires) within which the delegated body must operate, specifying who can make the law and what subjects it can cover.
2. Assessment of Statutory Instruments and Orders in Council
Statutory Instruments (SIs) and Orders in Council (OIC) are beneficial due to their speed and flexibility, but they carry a democratic deficit.