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It is said that among the advantages of the doctrine are the following: • it gives certainty to the law; • it is a curb on arbitrary decisions; • it is based on a notion of justice which maintains equality; • it provides a rational base for decision making. As is to be expected, many argue there are disadvantages of the doctrine: • it makes the law inflexible; • change is slow and convoluted; • it encourages a tedious hairsplitting tendency in legal argument. In addition, to understand the relationship between cases and legislation and the theory and practice of the doctrine of precedent it is also essential to understand the importance of accurate reporting of legal cases The importance of cases and the extent of the legal rule developed only become apparent after the case, and one needs good reports. If you cannot trust the reporting, then you cannot trust the law. 3.3.2 Legislation Legislation is the law made by Parliament or by individuals and groups acting on delegated parliamentary authority. The technically correct term for a piece of primary legislation is ‘legislative Act’. It is the dominant form of law making. In addition to creating legislation, Parliament can delegate, to another person or group, by an Act of Parliament, the power to create a limited range of laws for others. For example, powers can be delegated to: • a local authority; • a government minister; • a professional body. When this occurs, the legislation that is created is referred to as: a statutory instrument OR delegated legislation OR secondary legislation (for it is once removed from parliamentary power) The legislation giving the power to make such secondary or delegated legislation is referred to as the primary legislation, or the parent Act.
DOI link for It is said that among the advantages of the doctrine are the following: • it gives certainty to the law; • it is a curb on arbitrary decisions; • it is based on a notion of justice which maintains equality; • it provides a rational base for decision making. As is to be expected, many argue there are disadvantages of the doctrine: • it makes the law inflexible; • change is slow and convoluted; • it encourages a tedious hairsplitting tendency in legal argument. In addition, to understand the relationship between cases and legislation and the theory and practice of the doctrine of precedent it is also essential to understand the importance of accurate reporting of legal cases The importance of cases and the extent of the legal rule developed only become apparent after the case, and one needs good reports. If you cannot trust the reporting, then you cannot trust the law. 3.3.2 Legislation Legislation is the law made by Parliament or by individuals and groups acting on delegated parliamentary authority. The technically correct term for a piece of primary legislation is ‘legislative Act’. It is the dominant form of law making. In addition to creating legislation, Parliament can delegate, to another person or group, by an Act of Parliament, the power to create a limited range of laws for others. For example, powers can be delegated to: • a local authority; • a government minister; • a professional body. When this occurs, the legislation that is created is referred to as: a statutory instrument OR delegated legislation OR secondary legislation (for it is once removed from parliamentary power) The legislation giving the power to make such secondary or delegated legislation is referred to as the primary legislation, or the parent Act.
It is said that among the advantages of the doctrine are the following: • it gives certainty to the law; • it is a curb on arbitrary decisions; • it is based on a notion of justice which maintains equality; • it provides a rational base for decision making. As is to be expected, many argue there are disadvantages of the doctrine: • it makes the law inflexible; • change is slow and convoluted; • it encourages a tedious hairsplitting tendency in legal argument. In addition, to understand the relationship between cases and legislation and the theory and practice of the doctrine of precedent it is also essential to understand the importance of accurate reporting of legal cases The importance of cases and the extent of the legal rule developed only become apparent after the case, and one needs good reports. If you cannot trust the reporting, then you cannot trust the law. 3.3.2 Legislation Legislation is the law made by Parliament or by individuals and groups acting on delegated parliamentary authority. The technically correct term for a piece of primary legislation is ‘legislative Act’. It is the dominant form of law making. In addition to creating legislation, Parliament can delegate, to another person or group, by an Act of Parliament, the power to create a limited range of laws for others. For example, powers can be delegated to: • a local authority; • a government minister; • a professional body. When this occurs, the legislation that is created is referred to as: a statutory instrument OR delegated legislation OR secondary legislation (for it is once removed from parliamentary power) The legislation giving the power to make such secondary or delegated legislation is referred to as the primary legislation, or the parent Act.
ABSTRACT
It is said that among the advantages of the doctrine are the following: • it gives certainty to the law; • it is a curb on arbitrary decisions; • it is based on a notion of justice which maintains equality; • it provides a rational base for decision making. As is to be expected, many argue there are disadvantages of the doctrine: • it makes the law inflexible; • change is slow and convoluted; • it encourages a tedious hairsplitting tendency in legal argument. In addition, to understand the relationship between cases and legislation and the theory and practice of the doctrine of precedent it is also essential to understand the importance of accurate reporting of legal cases
The importance of cases and the extent of the legal rule developed only become apparent after the case, and one needs good reports. If you cannot trust the reporting, then you cannot trust the law.
