paper 2 mock

Question 1

one advantage of DL

Answer 1

Saves time - Allows Parliament to give other bodies the right to make law through Enabling Acts, e.g. following Brexit, many Sis were passed to implement EU rules in our law; Parliament wouldn’t have had time to do this themselves, so law can be kept up-to-date and Parliament have time to concentrate on & debate more important issues on their political agenda

Question 2

another advantage of DL

Answer 2

Technical expertise - Parliament have all necessary knowledge to make laws on complex areas, Allows experts to make laws on areas that Gov. Ministers don’t know enough about; Law will be more relevant and accurate than if Parliament made it - The Air Navigation Order 1995 has complex technical
regulations on civil aviation - thanks to DL, the necessary experts were consulted HOWEVER it is not compatible with democratic ideas as it gives some un-elected people lawmaking powers. Such power without zeroing out to the public raises doubt about the bottom line of these procedures

Question 3

another advantage of DL

Answer 3

Local knowledge is acquired for by-laws - More appropriate for the area than general legislation would be, e.g. Cornwall County Council are best placed to make rules for libraries in Cornwall under the Public Libraries and Museums Act 1964; People from certain areas know what laws are needed to solve local issues, and can make bylaws to overcome these issues

Question 4

another advantage of DL

Answer 4

Law can be changed quickly - Doesn’t have to go through all stages that a new Act does; OICs can be used in
emergencies when Parliament is not sitting, e.g. foot and mouth crisis 2001 - very important as to solve crises the law may need changing very quickly

Question 5

rylands v fletcher part 1

Answer 5

D must be in control and possession of land (RYLANDS)

Question 6

rylands v fletcher part 2

Answer 6

onto which he brings and accumulates (GILES) something

Question 7

rylands v fletcher part 3

Answer 7

the thing would cause mischief if it escaped and it does escape from land in the control and possession of D to land in control and possession of C (HALE) and causes reasonably foreseeable harm (CAMBRIDGE)

Question 8

rylands v fletcher part 4

Answer 8

D’s use of land must be extraordinary and unusual in time and place and harm must be of a type which is actionable - property harm but not personal injury (TRANSCO)