law making

• Parliamentary influences on Parliament include political influence, public opinion, pressure groups, the House of Commons, the House of Lords, lobbyists, and the role of the Crown
• Before a general election, political parties publish a list of reforms they would carry out if elected, known as a manifesto
• Lobbying is used by pressure groups to highlight concerns, often by persuading MPs to ask questions in the House of Commons for publicity
• In the UK, a key principle in democracy is that laws should be made by the elected representatives of society, with major laws made by Parliament
• Pressure groups can be sectional (representing a particular section of society) or cause-based (promoting a specific cause)
• The House of Lords is a non-elected body, reviewed in 1999 to consist of nominated and elected members
• The House of Commons members are elected by the electorate through constituencies, with a general election every 5 years
• The legislative process involves public, private, and hybrid bills, with the House of Commons proposing most bills and the House of Lords acting as a check
• After Royal Assent, an Act of Parliament comes into force, usually not immediately, with a set commencement date stated in the act
• Green and white papers are used in the legislative process to consult on and propose new laws
• MPs can introduce bills through a ballot or the ten-minute rule, allowing for democratic reform and broad policy setting
• In the House of Lords, bills go through stages like the first reading, second reading, committee stage, report stage, and third reading
• Delegated Legislation (DL) is legislation created by someone other than parliament but with their authority
• DL is needed because it saves parliamentary time, deals with complex issues, is quick to amend, allows for a fast response, caters to local needs, and utilizes expert/local knowledge
• DL is controlled by Parliament through checks on the enabling act, affirmative resolutions, negative resolutions, questions for government ministers, and scrutiny committees
• DL is controlled by Parliament through checks on the enabling act, affirmative resolutions, negative resolutions, questions for government ministers, and scrutiny committees
• Ultra Vires in DL means it goes beyond the powers given by parliament, can be ruled by the court as ultra vires for various reasons, and can only be challenged by a person with 'standing' who is affected by the legislation or decision
• Orders in Council are made by the monarch and Privy Council, allowing the government to make laws without going through parliament, with around 3000 made every year
• Statutory Instruments (SIs) are made by government departments to make regulations for areas under their responsibility, with 15 government departments involved
• By-laws can be made by local authorities, public corporations, and certain companies for matters within their jurisdiction involving the public
• Types of DL include Orders in Council made for transferring responsibility between government departments, dealing with foreign affairs, giving legal effects to EU Directives, and bringing acts created by parliament into force
• Statutory Interpretation involves judges interpreting Acts created by parliament, using aids like the literal rule, the golden rule, the mischief rule, and external and internal aids
• The Purposive Approach in statutory interpretation allows judges to decide what they believe parliament meant to achieve, leading to justice in individual cases and covering more situations than applying words literally
• The effect of EU law on Statutory Instruments is that the purposive approach is preferred by most European countries and has been adopted by the European Court of Justice when interpreting EU law
• The effect of the Human Rights Act 1998 on legislation means all legislation must be interpreted in accordance with convention rights if possible, ensuring compliance with the HRA
• Advantages of the literal rule in statutory interpretation include respecting parliamentary supremacy, promoting certainty, and ensuring anyone who can read English can determine the law
• Disadvantages of the literal rule in statutory interpretation include failing to recognize language ambiguity and the potential for absurd outcomes
• The Golden Rule in legal interpretation avoids the absurdities sometimes produced by the Literal Rule, but leaves substantial room for judicial law-making
• The Golden Rule applies a sensible meaning, avoids absurd decisions, but is limited in use and used rarely
• The Mischief Rule in legal interpretation promotes the purpose of the law by allowing judges to look back at gaps in the law which the act was designed to cover
• The Mischief Rule emphasizes making sure that gaps in the law are filled, but it can lead to absurdities and loopholes that can be exploited
• The Mischief Rule does sometimes lead to absurdities and loopholes that can be exploited, for example in the case of Berriman
• The Literal Rule in legal interpretation is limited in use and can lead to absurd decisions
• Judicial Precedent: the following of legal principles laid down in previously decided cases, based on the principle of stare decisis "stand by the decision"
• Binding Precedent operates so that lower courts are normally bound by their own past decisions to create certainty
• Original Precedent: if the point of law arising in a case has never been decided before, then whatever the judge decides will form a new precedent for future cases to follow
• The Law Commission's role is to review areas of law, codify or consolidate areas of law, simplify and modernize law
• Codification involves compiling the law, both statutory and judicial precedent, on one topic into a complete single law to make it more understandable, consistent, and easier to find
• The Law Commission identifies old acts that are no longer used so that parliament can repeal these acts, making the law more accessible
• The Law Commission has been successful in repealing outdated acts, with thousands of sections within acts being repealed by 2015