W101 Tma02

  a.) An Act of Parliament is commonly called Law. An act will start off as a proposed or draft legislation which is known as a Bill and that is passed on to Parliament as it needs to be approved by the House of Commons as well as the House of Lords and given Royal Assent by the reigning monarch to become an Act, which once implemented is law and applies to the whole or certain areas of the United Kingdom. (The Open University, 2014a section 6.1.) An example is the Parliament Act 1949.

  b.) Delegated legislation (also referred to as secondary delegation) allows the Government to change the law by appointing a government body to develop the details of legislation: primary legislation (enabling Act) explains the nature of the legislation and empowers a government minister or ministerial body to develop the specifics of the legislation. An example of delegated legislation is referred to as a statutory instrument (SI), which enables a minister to develop the legislative rules at the same time as applying government policy (The Open University, 2014b section 7).

  c.) The Supreme Court is the highest court of appeal in the United Kingdom. As opposed to the courts of first instance the Supreme Court only deals with appeal cases. If a person loses a case at a first instance they can appeal against the decision to a higher court. The Supreme Court’s decision is binding over the lower courts. This demonstrates the stare decicis (translates as “the standing decision”) the Latin phrase sometimes used for the doctrine of precedent (The Open University, 2014c section 7.1).

  d.) The golden rule of interpretation allows the judges to avoid the application of the literal rule where it would produce an absurd or unjust result for a case due to a clear anomaly, which would not have been foreseen by Parliament. When applying the golden rule, judges must ensure that the intention of the legislation does not alter and that its language tolerates such adjustment (The...