UNIT 1 - the ELS and Statutory Interpretation

Question 1

Name some Advantages and some Disadvantages to Delegated Legislation ?

Answer 1

ADV
1. saving time for MPs
2. allows the utilisation of technical experts
3. process of passing legislation is much faster

DISADV
1. difficult to keep track of and comply with all the new changing law
2. parliamentary control is less centralised
3. controversy around Henry 8th powers (powers in the parent act to amend itself or other acts)

Question 2

list the different sources of law from before 1066 to today ?

Answer 2

Before 1066 - custom
1066 - 15th century - common law
15th to 19th - common law and equity
20th century - 1973 - UK Leg
1973 - 1998 - UK Leg and EU Law
1998 - 2021 - UK Leg EU Law and HRA 1998
2021 - PRESENT - UK Leg, Retained EU Law and HRA

Question 3

within a statute where does it apply if it has no geographical jurisdiction reference ?

Answer 3

The entire UK; England, Northern Ireland, Scotland and Wales.

Question 4

list some examples of rights under the European Convention on HR ? (number listed is article number)

Answer 4

2. Right to life
3. Prohibition of torture
4. Prohibition of slavery and forced labour
5. Right to liberty and security
6. Right to a fair trial
7. No punishment without lawful authority
8. Right to respect for family and private life
9. Right to freedom of though, conscience and religion
10. Right to freedom of expression
11. Right to freedom of assembly and association
12. Right to marry
13. Prohibition of discrimination in enjoyment of rights granted by convention
14. Right to peaceful enjoyment of possessions (first protocol, Article 1)
    Right to education and rights of parent to educate children in accordance with religious and philosophical convictions (first protocol, Article 2)

Question 5

Name 4 Key European institutions we may discuss ?

Answer 5

1. The council of the European Union
   
   • Gov rep from each member state
2. The EU commission
   
   • independent commissisoners, nominated by governments of member states
   • Ideally work separate from their national loyalties in the overseeing and implementation of legislation
3. The EU Parliament
   
   • elected, significant part of the legislature
4. Court of Justice of the EU