M1 Law Making Essay

Law UNIT 2- M1

In this essay I will analyse how law making takes place as well as explaining how Judicial Precedent works. I will in addition talk about delegated legislation as well comparing and contrasting each of these methods.

Law making is the process of making rules in order to maintain peace. The main legislative body is Parliament and they make the mains laws for Britain which go through various stages before actually becoming official. There are three methods of Law making, these include:

• Judicial Precedent

• Acts of Parliament

• Delegated Legislation

Delegated legislation is law made by individuals and somebody that is acting under the authorisation of parliament. The authority is called a parent Act of parliament, also called

This is identified as stare decisis which means you stand by decisions and by which precedents are binding and must be followed. An example of the judicial precedent is the DONOGHE VS STEVENSON case.

This case was the original precedent for the tort or civil wrong of negligence. In this case the victim of the case was bought a bottle by her friend from the café. The bottle was not see through therefore they could not see the snail inside the bottle. The victim ended up drinking it and suffered personal injury. She made a claim against the manufacturer of the ginger beer. Judicial precedent works in courts because if a similar case like this happens then the judge will have to follow this past decision as it is similar.

Judicial Precedent is different to Acts of Parliament and Delegated Legislation because Judges make these laws. Judges are not part of the government but they will make a law based on a case. It is source law where their past decisions are created for future judges to follow. The strengths of judicial precedent is that they don’t have to go through the government to make the

It also helps the government help foresee future mistakes because the government ministers will be able to discuss the advantages and disadvantages of the Law being processed. Acts of parliament is more democratic than the other two making law procedures because the members of parliament are elected by the public. When these parliament members are elected, they get to vote and discuss the act that has come forward. This is more democratic than Delegated Legislation and Judicial Precedent because everyone in parliament has a view.

Acts of parliament are more important than the other law making methods because they are more detailed rules and regulations. When the government wants to make a Law it will come through the acts of parliament assuming it has gone through the important stages. At times acts of parliament can take up to two years to be properly looked through. Delegated Legislation can make important laws although they are laws that the Government has given them meaning they are below the government in terms of importance. The acts of parliament go through various stages which are:

• Bill is being