The principle organ of the US state is to legislate, represent and scrutinise the other, safely separated, branches of the government. First of the three elements in which Congress’s primary role plays is in legislation. The very first article of the Constitution lays out how this is done. Bills initiated by both the President and members of Congress are almost certain to be substantially modified as they go through the legislative process, making it very difficult for the President or any political faction to force through their policy agenda. Congress has been somewhat effective in passing laws such as the PATRIOTIC Act under Bush and the Healthcare Reform Act under Obama both show’s that Congress can legislate when it needs be, especially with a majority in both houses.
Sample multiple-choice questions for the English Legal System module for LLB open learning 1. Which of the statements below most accurately reflects the constitutional position between the legislature and the judiciary: a) Parliament encourages the judiciary to make law through the process of statutory interpretation because it does not have enough parliamentary time to enact laws itself. b) Parliament is the supreme lawmaking body and the role of the judiciary is to interpret and apply law made by Parliament. c) The judiciary considers itself a primary lawmaking body equal to Parliament. d) It is the role of the judiciary, when interpreting statutes, to fill in the gaps in the statutes.
• What is judicial review? o Judicial review is when the U.S. Supreme court decides if a law, a statute or a bill is constitutional or not. • Please explain the role of judicial review in a case you recently decided. o Judicial review was required in on eof my recent cases as a company was violating consumers rights by using loopholes around getting clear consent from the consumer. • Please explain how you arrived at your decision, including different factors that affected it.
The doctrine of parliament sovereignty has been regarded as the most fundamental element of the British constitution. It can be summarised in three points: that parliament has the power to make any law they wish; that no parliament can create a law that a future parliament cannot change; that only parliament can change or reverse a law passed by parliament. Parliamentary Sovereignty thus gives unconditional power to the Westminster Parliament. A.V. Dicey describes it as ‘the dominant characteristic of our political institutions',and ‘the very keystone of the law of constitution'.
The judicial practice of statutory interpretation incorporates the constitutional position with an understanding of how certain ‘rules of interpretation’ can be rationally connected. The judicial practice of statutory interpretation has three pre-requisites or basic norms: The Parliament has unlimited law making authority; judges have to give effect to the intention of the Parliament; the interpretation should start with the presumption that one should apply the ordinary, ‘literal’, meaning of the words Parliament has used and it is only if the literal approach fails,
The legislature is the law-making body, and is comprised of the House of Commons and the House of Lords. The legislative function involves ‘the enactment of general rules determining the structure and powers of public authorities and regulating the conduct of citizens and private organisations. The executive is all the institutions and persons concerned with the implementation of the laws made by the legislature. It involves central and local government and the armed forces. The role of the executive ‘..includes initiating and implementing legislation, maintaining order and security, promoting social and economic welfare, administering public services and conducting the external relations of the state.
Judicial Creativity Under the theory of separation of power, Parliament makes UK law while the role of judges is to apply the law to the cases. However, in reality, do judges make/develop the law? Like Lord Radcliffe said in 1968 “there was never a more sterile controversy than upon the question whether a judge makes law. Of course, he does. How can he help it?” Judges in the UK do develop the law through both the operation of the doctrine of judicial precedent and statutory interpretation.
Efficiency, like I said a matter of perspective. This will be further illustrated and explained, later in the essay. As for now, a brief background on the House of Lords and the House of Commons, the history and relationship between them is required to understand the significance of the proposed 2 stage reforms which are as follows: a) The first stage , to remove the right of hereditary peers to vote in parliament (not fully accomplished), and the second stage; b) To decide whether the lower house should remain fully elected or partially elected and nominated. The term “parliament”, was coined in the 13th century. Its origins traced to the King’s council which essentially was an assembly of advisers to the King which also decided on appeal cases.
They and only they created law, in a pure absolutist state. The monarch would control the armies, regulate religious order, and bargain with nobility. Constitutionalism was based on agreed law through the parliament, balanced between government power and rights of the people. The parliament, consisting of the sovereign, is where the power resides in a constitutional state. The majority of power stands in the electorate and its representatives.
“Discuss the advantages and disadvantages of delegated legislation” This question is asking me to evaluate the advantages and disadvantages of delegated legislation. Firstly, delegated legislation is the power given to subordinate bodies to introduce rules within the scope of their authority. Delegated legislation allows the Government to make changes to a law without needing to push through a completely new Act of Parliament. The original Act would have provisions that allow for future delegated legislation to alter the law to different degrees. These changes range from the technical, such as altering the level of a fine, to fleshing out Acts with greater detail; often an Act contains only a broad framework of its purpose and more complex content is added through delegated legislation.