development of case law

Question 1

what is the doctrine of Habeas corpus

Answer 1

‘you cannot be detained, and deprived of your freedom, unless the law
allows it.’

Question 2

What is the scope of Parliament’s freedom to make laws?

Answer 2

Parliament has the freedom to make laws of any kind, regardless of whether they are unfair, unjust, or practically impossible to enforce

Question 3

Can UK courts or international courts declare an Act of Parliament invalid?

Answer 3

No, under English law, neither UK courts nor international courts have the power to declare an Act of Parliament invalid.

Question 4

What happens in the event of a conflict between a statute and another kind of law?

Answer 4

Statute prevails in the event of a conflict with any other kind of law.

Question 5

Can Parliament bind its successors?

Answer 5

No, Parliament cannot bind its successors. A later Parliament can always repeal or change the Acts of its predecessor, regardless of any wording intended to prevent repeal.

Question 6

What are Statutory Instruments (SIs)?

Answer 6

Statutory Instruments (SIs) are a form of secondary, subordinate, or delegated legislation created by ministers and civil servants under the authority of a “parent” Act of Parliament. They require no discussion in Parliament to become law.

Question 7

What are the advantages of Statutory Instruments?

Answer 7

1. Efficient for making quick updates or detailed regulations.
2. Allow the legal system to remain responsive and flexible.

Question 8

What are council byelaws?

Answer 8

Local laws made by local councils under an enabling provision granted by an Act of Parliament. they are designed to address Issues specific to a local area, such as open spaces, parks, burial grounds, and marketplaces

Question 9

Are byelaws accompanied by sanctions?

Answer 9

Yes, they usually include penalties or punishments for non-compliance

Question 10

Can byelaws take effect immediately after being made by a council?

Answer 10

No, they must be confirmed by the appropriate minister before taking effect. this ensures they comply with the broader legal framework and are reasonable.

Question 11

What are Public Bills?

Answer 11

Public Bills address issues affecting the general population.

Question 12

What are the two main categories of Public Bills?

Answer 12

1. Government Bills
2. Private Members’ Bills (PMBs)

Question 13

What are Government Bills?

Answer 13

Bills introduced by a government minister as part of the government’s legislative program, either planned or responding to emergencies.

Question 14

What are Private Members’ Bills (PMBs)?

Answer 14

Non-government-sponsored bills introduced by backbench MPs, often with limited parliamentary time and lower chances of becoming law.

Question 15

What is the purpose of Private Members’ Bills?

Answer 15

1. To raise awareness about specific issues .
2. To address issues with broad public interest, especially if they attract government support.

Question 16

What are Private Bills?

Answer 16

Private Bills affect specific individuals, organizations, or localities rather than the general public.

Question 17

What are Hybrid Bills?

Answer 17

Hybrid Bills combine elements of both Public and Private Bills, addressing issues relevant to both the general public and private or commercial organizations.

Question 18

What triggers the creation of primary legislation?

Answer 18

1. Manifesto pledges
2. Administrative needs
3. Societal change
4. Crisis management

Question 19

what is ‘Manifesto Pledges/Vote-Seeking’ trigger

Answer 19

Laws are created as part of promises made by political parties during their election campaigns

Question 20

what is the ‘Administrative and technical matter’ trigger?

Answer 20

When laws are created to deal with routine or technical administrative tasks necessary for the functioning of government and public services e.g., The Finance act.

Question 21

what is the ‘Societal Change’ trigger?

Answer 21

Laws created to address changes in society, reflecting concerns from the public. These laws often respond to evolving and environmental, or economic factors.

Question 22

what is the ‘Crisis Management’ trigger

Answer 22

Crises, whether sudden or unforeseen, can prompt the creation of new legislation to manage urgent issues or threats to national security, public health, or safety.

Question 23

What is codification in legislation?

Answer 23

Codification is where all the law on some topic, which may previously have been covered by
common law, custom and even statute(s), is brought together in one new statute

Question 24

What can codification do to pre-existing law?

Answer 24

Codification may change the pre-existing law.

Question 25

What is consolidation in legislation?

Answer 25

Consolidation is where one
statute re-enacts law that was previously contained in several different statutes - consolidating acts ‘tidy up’ the law

Question 26

what is the rebuttable presumption of consolidation?

Answer 26

There is a rebuttable presumption that consolidation does not
materially change earlier legislation