21 - Act of Parliament Flashcards
What is the effect of an Act of Parliament?
Although judges can and do make law, precedent is subordinate to statute law, delegated legislation and European regulations. This means that if for example an Act of Parliament is passed and that Act contains a provision which contradicts a previously decided case, that case decision will cease to have effect; the Act of Parliament is now the law on that point.
Precedent is subordinate to statute law, delegated legislation and European regulations.
E.g. if an Act of Parliament is passed and that Act contains a provision which contradicts a previously decided case, that case decision will cease to have effect; the Act of Parliament is now the law on that point.
Acts of Parliament
In today’s world there is often a need for new law to meet new situations. Clearly the method of judicial law making through precedents is not suitable for major changes to the law.
The other point to be made is that judges are not elected by the people, and in a democracy, the view is that laws should only be made by the elected representatives of society. So today the main legislative body in the UK is Parliament.
Parliament consists of the House of Commons and the House of Lords. Under the normal procedure both Houses must vote in favour of a Bill before it can become a new Act of Parliament.
Judicial law making through precedents is not suitable for major changes to the law.
It is also argued that laws should only be made by the elected representatives of society.
Parliament consists of the House of Commons and the House of Lords.
Under the normal procedure both Houses must vote in favour of a Bill before it can become a new Act of Parliament.
