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English Legal Method and Contract Law

English Legal Method and Contract Law

Question 1a) Explain in your own words what an Act of Parliament is.

An Act of Parliament is a law passed by the Parliament of the United Kingdom and promulgated by the monarch. The UK is a parliamentary democracy, without hierarchy of norms, Parliament is sovereign, and the area of Acts of Parliament has traditionally been unlimited. Today, some European standards of human rights, however, are likely to displace a British law stated.

b) Explain in your own words what delegated legislation is.

In delegated legislation, all regulations are decreed by the Executive under a power granted by Parliament. Delegation is called the law passed by Parliament which delegates the Government to exercise the legislative function of a given object. The act with the force of law issued by the government under the law of delegation has said legislative decree or delegated decree. Sometimes, though improperly, we use the phrase to indicate that statutory instrument is in fact, the decree delegate. Through the law of the delegation, the Parliament may grant the executive the task of collecting the rules applicable to the particular matter in a single text.c) Explain in your own words why the courts might be called upon to interpret a statute.

The courts play a key role in the preservation of rights under the Charter. In criminal cases, they are entitled to cancel the charges when police use their powers to abuse and reject the evidence obtained through violation of the Charter recognizes the suspect. In addition, citizens who believe that a law or government action goes against the rights that the Charter accords them can ask the courts to rule on the validity of the law or measure. Judges have the authority to write off any law that goes against the Charter or to order the government to amend the law to make it compatible with that. In case of a dispute concerning jurisdiction, the courts may be called upon to interpret the constitution and to determine the level of government that is responsible for the implementation of a policy or service.d) Explain in your own words the doctrine of binding judicial precedent.

The essence of the doctrine of judicial precedent is reduced to the fact that decisions of the supreme courts, which allowed spores of first impression (in first glance), is a precedent for lower courts when considering similar of cases. Recently, in the legal literature began to appear more often work in which the authors believe that in our legal system is a source of law such as judicial precedent.e) Explain in your own words what is meant by the doctrine of Parliamentary supremacy.

Parliamentary sovereignty or the sovereignty of Parliament is the concept of constitutional law in the Parliament has the absolute sovereignty. This means that it is supreme to all other government institutions including the monarch only temporary and ongoing and can change or repeal laws passed by previous parliaments with a majority. Parliamentary sovereignty is a device for Constitutional Law in New Zealand and the UK. There are three features of parliamentary sovereignty:1. Parliament may make laws in any ...