20 - Statute Law Flashcards
Historically…
Apart from Common Law, the English legal system has historically developed a system of legislation which is created in Parliament, ratified by the Queen or King and conferred by Statute or Acts of Parliament.
Such laws questionably have greater significance than those created by court decisions.
Whilst Common Law has traditionally been linked to those regulations embedded in rights of personal freedom; rights of property and contract and interests in reputation and bodily security the nineteenth and twentieth century saw an accepted expansion of the role of government to provide legislation for the collective protection of society in such areas for example as Health and Public Welfare.
May be classed as…
Direct or Indirect
If Direct it means enacted by Parliament itself.
If Indirect it means that it has been enacted by a delegated power such as, for example, to a local council who may wish to introduce Bylaws, Council Orders or Statutory Instruments that work on local conditions.
In recent times Indirect or Delegated powers have become more important due to a number of concerns including…
Lack of Parliamentary time for debate
Urgency- Events occurring outside Parliamentary
Session Elasticity- Overrule by additional Acts or Ministerial Rule.
Technicality- Lack of appropriate knowledge.
