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W100 Tma2 Essay

  • Submitted by: wraithuk
  • on June 5, 2014
  • Category: Miscellaneous
  • Length: 1,417 words

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Below is an essay on "W100 Tma2" from Anti Essays, your source for research papers, essays, and term paper examples.

Question 1
English Law originates from both domestic and European institutions. Domestic sources of law come from Parliament and the Courts while European sources come from the European Union, the European courts of justice (ECJ) and also from the European court of human rights (ECHR). Rules and Rule Making (RRM) page89
Parliament is responsible for the passing of statutes (primary legislation) although it can also delegate responsibility to other institutions for certain types of legislation. RRM page114
Primary legislation or Acts of Parliament start as bill which is proposed in either house but more usually the commons. Bills can either be public or private, public bills are those which affect the majority of the country and are the most common.
Private bills deal with smaller areas or groups such as a single local authority or institution. Private members bills should not be confused with private bills rather they are public bills whose name is derived from the fact it is an individual member of parliament who proposes the bill. RRM page104
Delegated legislation is where parliament by use of an enabling act allows other institutions to make law Methods of creating delegated legislation are statutory instruments, byelaws, orders of council, court rules and professional regulations RRM Page114. Delegated legislation is far more common than primary legislation with in excess of 3000 statutory instruments issued every year RRM Page115.
The courts provide a source of law in two ways; the first is through the common law and the use of precedent.
Precedent is the principle that a decision of the court is binding on all lesser courts. Precedent can only work in a system that has a strict hierarchy and relies of the reporting of cases to be widespread and accurate RRM page148. The Supreme Court while binding all other domestic courts itself is bound by the decisions of the European courts RRM page163.
The second way in which the courts create law is through...

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