...some person/body under powers deriving from an Act of Parliament. That statute is known as a “parent” or enabling Act. An example is: TYPES OF DELEGATED LEGISLATION Statutory Instruments are Bye-Laws are made by local Orders in Council are laws regulations made by made by and with the advice authorities to cover matters of Her Majesty’s Privy Government Ministers and within their own area. An Departments. An example is: example is: Council and are used, for example, for transferring responsibilities between Government Departments, extending legislation to the Channel Islands, and under the Emergency Powers Act 1920. They can also be made by certain public corporations An example is the and certain companies for Government controlling fuel matters within their jurisdiction which involve the supplies during the fuel crisis in 2000. public. An example is: ADVANTAGES Saves Parliamentary time. Parliament passes the parent Act and those with technical expertise or necessary knowledge can fill in the details. Government Ministers often consult interested bodies and parties before drafting statutory instruments. Delegated legislation is more flexible than an Act of Parliament. It can be passed quickly and easily amended or revoked, so that the law is up to date. www.lawteacher.net DISADVANTAGES It is undemocratic (except for bye-laws). Sub-delegation occurs whereby law making power is passed on to civil servants by Government Ministers. There is a large amount of statutory instruments...
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...branch of government. From Congress, the bills are sent to the president, who determines whether to approve or veto the law. If the executive branch approves the law, it is sent to the judicial branch, where it is deemed constitutional and enforced. There are different types of laws; constitutional, statutory, administrative and common law. Constitutional laws are the foundation for all other laws in the United States. This type of law establishes a structure, grants specific powers, and produces procedural protections. Constitutional laws are different from other sources of law, primarily in terms of permanence and preemption. Permanence reflects the basic principles of a particular society and should be amended only in extraordinary cases and when majority of its constituents agree over a period of time. (Melvin, 2011) Preemption gives the constitutional laws supremacy over other sources of law, such as statutes. These laws exist at the federal and state level. Another type of law that affects business as well as society is statutory law. Statutory laws are created by legislative body and approved or disapproved by the executive branch. Like the constitutional laws, statutory laws are passed at a federal and state level. Administrative laws are another type of law that has an effect on business. This type of law authorizes the authority by...
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...International Trade and Industry and others. Under ministry there are several department. Department is the Government agency that is under a ministry. Generally, the departments have branches in the state and district levels. Department's role is to implement many of the things that is under a ministry. Administrative Officer of many department is Director General of Department (Federal) or Director (State). Under department, basically there are two types of Public Corporations, namely Statutory Bodies and Non-Statutory Bodies (government owned company). Statutory bodies are organizations established under an Act of Parliament or State Enactment. Federal statutory body for instance is FELDA, MARA, BANK and others. Statutory bodies such as the State of Sabah is the Sabah Foundation, SLDB, USP, the District Council and others. Non-Statutory bodies are the organizations established under the Companies Act, where the Government has an equity interest. Examples of Non-Statutory Bodies are MAS, PETRONAS, SFI, Labuan Wood Products, and so on. The purpose of the Public sector is to enable direct government involvement and more effective in the field of socio-economic development and the activities that are not taken up by the private sector....
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...ANALYSIS OF SKETCH OF A THEORY OF STATUTORY INTERPRETATION: JIM EVANS TABLE OF CONTENTS Summary 3 History 4 Legislative Meaning 5 Analysis 6 Objective of the Author 6 The two prongs of interpretation 6 The meaning of the enactment 6 Legislative intent and its scope 8 Exceptions and side constraints as implications of legislative will 10 Conclusion 11 Sketch of a Theory of Statutory Interpretation: Jim Evans Summary In this article the author advocates his belief that statutory interpretation should be determined not only by an interpreter's understanding of the meaning of the legislature, but also by his understanding of the will of the legislature. By the will of the legislature the author means the practical judgment or decision that a certain rule should be part of the law, not the further purpose that the legislature may hope to achieve by that, which may be described as the meaning of the legislature. Sometimes these two sources of understanding pull in different directions, or conflict each other. The author then postulates that respect for the meaning intended by the legislature and respect for the will of the legislature are two different things. He clarifies however, that this does not imply that they always lead in different directions, and in fact, in most cases they work together for two reasons. Firstly, the statute will almost always accurately express the will of the legislature for most cases, unless there has been...
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...some person/body under powers deriving from an Act of Parliament. That statute is known as a “parent” or enabling Act. An example is: TYPES OF DELEGATED LEGISLATION Statutory Instruments are Bye-Laws are made by local Orders in Council are laws regulations made by made by and with the advice authorities to cover matters of Her Majesty’s Privy Government Ministers and within their own area. An Departments. An example is: example is: Council and are used, for example, for transferring responsibilities between Government Departments, extending legislation to the Channel Islands, and under the Emergency Powers Act 1920. They can also be made by certain public corporations An example is the and certain companies for Government controlling fuel matters within their jurisdiction which involve the supplies during the fuel crisis in 2000. public. An example is: ADVANTAGES Saves Parliamentary time. Parliament passes the parent Act and those with technical expertise or necessary knowledge can fill in the details. Government Ministers often consult interested bodies and parties before drafting statutory instruments. Delegated legislation is more flexible than an Act of Parliament. It can be passed quickly and easily amended or revoked, so that the law is up to date. www.lawteacher.net DISADVANTAGES It is undemocratic (except for bye-laws). Sub-delegation occurs whereby law making power is passed on to civil servants by Government Ministers. There is a large amount of statutory instruments...
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...Legislative Council and Legislative Assembly or any of them. ( c ) Local Authorities within the territory of India Authority means ( i ) Power to make rules, bye- laws, regulations, notifications and statutory orders. ( ii ) Power to enforce them. Local Authority means Municipal Boards, Panchayats, Body of Port Commissioners and others legally entitled to or entrusted by the government, municipal or local fund. ( d ) Other Authorities Authorities other than local authorities working ( i ) Within the territory of India or; ( ii ) Outside the territory of India. Article 12 * Pre Electricity Board case, courts took a very narrow interpretation of Article 12. * Ujjam Bai v. State of U.P (1963) - That an "inclusive" definition is generally not exhaustive is a statement of the obvious and as far as Article 12 is concerned. Rajasthan State Electricity Board v. Mohan Lal (1967) * Junior officer to the petitioner were promoted so he claimed right to equality against electricity board * Meaning of word “authority” as per Webster’s Dicitonary - "a public administrative agency or corporation having quasi-governmental powers and authorised to administer a revenue-producing public enterprise." meaning of the word "authority" is clearly wide enough to include all bodies created by a statute on which powers are conferred to carry out governmental or quasi-governmental functions and we do not see any reason to narrow down this meaning in the context...
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...Common Law, Statutory Law and Administrative Law Common Law Judge-Made Law: Sum total of all cases decided by appellate courts. 200 yrs ago almost all laws were common laws. Today most laws are statutory. Disadvantages: Each state has a body of law different from other states (problems for businesses) Stare Decisis Stare Decisis is the essence of common law. It means “Let the decision stand”. Law by precedent (by state). So there should be a precedent in that. Disadvantages: This is not easy. How to balance between predictability and flexibility? Because common law is trying to accommodate both above goals. The more flexibility, the less predictability. Bystander cases Bystander cases - where common law says no duty to assist someone in peril unless you created the danger. But common law changes slightly over time. For example bystander law changed in cases where bystander is an employer or a doctor or even a public place where one can make phone calls. Statutory Law Most new law is statutory law. It affects each of us in business, professional and personal lives. This is more a people-made law or a law made as a result of people electing local legislators who pass state statutes; people vote for senators and representatives who create federal statutes. Example: Criminal Law. Bills Bill is a proposed statute (proposed either by House of Representatives or the Senate). A bill must be voted on passed by both houses. Once both houses pass the bill they send it to the...
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...RESEARCH TOPICS Abstinence programs Do they work? Advertising Should certain kinds of ads be banned in the interest of health/morality/annoyance – alcohol, cigarettes, prescription meds, etc…? Africa Why so many wars? What’s the solution? Airplane accidents Who is responsible? Should families of victims be entitled to compensation? Airport security Should the government use invasive pat-downs and body scans to ensure passenger safety or are there better methods? Al Qaida Has U.S. policy actually spread terrorism rather than contain it? Will it get better or worse? Why and how? Alcohol Should the U.S. lower the drinking age to 18? Animal rights Should it be illegal to use animals for sports and entertainment? Arming pilots Good idea? Art A few years ago, an artist was criticized for depicting the Virgin Mary with elephant dung. When is art not really art? Athletes in high schools Should shoe companies be able to give away free shoes and equipment to high school athletes? Beauty contests Do they serve any purpose in society? Bridges, roads, waterways Why the government gets a bad report card on America’s infrastructure. Bullying laws Should the state or federal government put laws into place to prevent bullying? Cell phones How have they changed us socially? Censorship Should parents censor textbooks and other literature for children in schools? Cheap labor U.S. companies that move factories to undeveloped nations barely pay employees enough to...
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...PA 205-01 Unit 1 Assignment | | Kaplan University | PA 205-01 Unit 1 Assignment * Read case study * Describe the difference between legislation and case law The main difference between legislation and case law is who makes them. Legislation (or statutory) law consists of laws that are passed by the legislature, that is legislative branch of the U.S. government, or other governing agency. Examples of legislation include rule regulations and statutes. Judges can interpret what legislative law signifies if a dispute arises about a particular statute’s meaning. Also, a judge can declare a statute unconstitutional if it conflicts with the U.S. Constitution or state constitution. Case law is court or judge made law. It is also referred to as common law. Case law, on the other hand, is not based in origin by the government or legislature but evolves with new decisions made by a judge or court (Cheeseman & Goldman, 2010). * Answer Questions 1. List a statute from the case study and explain what it prohibits The statute in the case of Texas v. Johnson was Texas Penal Code section 42.09(a)(3). This statute prohibited disorderly conduct by a citizen. The Cornell Law School’s Legal Information Institute (LII) noted that in this case, Gregory Johnson’s desecration of a venerable object (the U.S....
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...LEGAL METHODS OUTLINE COMMON LAW REASONING • Role of precedent • Law is not unchanging • Distinguishing cases based on the individual facts to come to new conclusions o Judges give more or less weight to different factors • Narrow/broad interpretations of common law rulings • Rules vs. Standards o Rules: more stringent result (binding) ▪ DEMAND that a decision maker respond a certain way to the presence of triggering facts. ▪ ROL is ostensibly neutral and general; however ▪ Severe impartiality can lead to inhumane results (Think Palsgraf and ct costs) ▪ Consider: The Restatement has no precedential power…do cts sometimes neglect careful analysis of problems b/c of their willingness to defer to the restatement? ▪ Bright line rules: The more the law is settled, the more likely it is that people won’t litigate. Highly predictable outcomes. o Standard: more general interpretation (more leeway in end result) ▪ If there are multiple criteria for analyzing the law, almost always use the standards approach. ▪ direct application of a background principle or policy ▪ Standards mean that there will probably be a lot more for the jury to decide (their sympathies come into play) • Legal doctrines that collide => different levels of generality o Deciding the facts that turn the case • Power...
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...state would have jurisdiction over the person or the case in general. Criminal Law: deals with the act of committing a crime, i.e. driving while intoxicated, possession of an illegal firearm, possession of an illegal substance. Civil Law: deals with the 'civility' of the nature of an action. Just as driving while intoxicated is a violation of criminal law, the negligence associated with the damages done to another entity's person or belongings is factored under civil law. Common Law: A law that has not necessarily passed through a legislative body, but is accepted because of basis provided in similar court proceedings. One example that comes to mind deals with Common Law marriages in certain states. Statutory Law: Laws created by a legislative body that are capable of being approved or disapproved by an executive branch of that legislation. Can be federal, state, or local legislative bodies. Examples include tax laws, state ordinances, local business statutes. When it comes to the amendments portion of the discussion, I think it's important to understand that all the amendments in some form or fashion help to protect both businesses and individuals. I know that the text discussed the 1st, 4th, 5th, and 14th respectively, but after researching a bit, I came across the notion that the Bill of rights were...
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...THE CONSTITUTION OF SWAZILAND STATUTORY INSTRUMENTS 1968 No. 1377 AFRICA THE SWAZILAND INDEPENDENCE ORDER, 1968 Made 26th August 1968 Laid before Parliament 30th August 1968 Coming into Operation Immediately before 6th September 1968 At the Court at Balmoral, the 26th day of August 1968 Present, The Queen’s Most Excellent Majesty in Council Her Majesty, by virtue and in exercise of the powers in that behalf by the Foreign Jurisdiction Act 1890 (a) or otherwise in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:— Explanatory Notes on the constitution of the Constitution. 1. The Constitution of Swaziland Act, No. 50 of 1968c came into force on the 12th September, 1968 and was abrogated on the12th April 1973 by a legislative instrument called the King’s Proclamation to the Nation, 1973. Section 3A of the Kings Proclamation to the Nation reads — “The Constitution of the Kingdom of Swaziland which commenced on the 6th September, 1968 is hereby repealed”. 2. The King’s Proclamation to the Nation contained thirteen (13) Decrees (confusingly sometimes referred to as “paragraphs”) and numbers 3, 4, 5, 6, 7, 8, and 10 declared or decreed that certain sections, Parts and Chapters of the “repealed Constitution” shall again apply, come into force, operate with full force and effect and shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary...
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...homicide as well as what the rights are for that person who may be facing charges. Procedural Law Procedural law is the process of the legal system. For example, procedural law provides the guidelines that must be followed to submit a lawsuit, press charges, and how restitution and penalties must be handled. Procedural law is also referenced as the "due process of law" and describes how to navigate through the legal system (Procedural Law, 2012). Procedural law is closely aligned with substantive law in defining the process for identifying that a law has been broken, how to pursue bringing forth an allegation, and how infractions of the law are handled. Criminal Law The "USLegal" (n.d.) website defines criminal law as “the body of rules and statutes defining the offences against the community at large.” Criminal laws are designed to protect society from behavior by people when that...
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...Mac would purchase the mortgage. Harry Mac is limited but not compelled to purchase only home loans which conform as it may also apply additional criteria ‘which in its opinion are suitable to promote housing affordability’. Therefore, this gives Harry Mac statutory discretion. Conformity to the standards is therefore not an essential condition leading to the ultimate decision. Alternative source may be Judiciary Act s39B(1)- its scope is not restricted by the concept of ‘decision’ or ‘conduct. Jurisdiction with respect in any matter…officer of the Commonwealth. Between parties- includes dispute between parties to be determined by the court- exclusion of hypothetical questions from the matter concept. Officer. Offices of the commonwealth- institutional nexus being between the decision-maker and the government Is it of an administrative character? - standards were formulated by Association of Banks and Creditors- its arguably not of an administrative character as it’s a decision which takes a general and rule-like form, as a standard. It is not directed at a particular individual but at a broader society of home buyers. The Standards raises questions of policy. Under an enactment? S9 gives statutory authority to the Standards whilst recognising that they are developed...
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...Administrative law refers to the body of principles and procedures by which the exercise of executive government is controlled and supervised FOUR MECHANISMS OF ADMINISTRATIVE LAW 1. JUDICIAL REVIEW Whether the actions of the relevant public authority or official are legally correct and whether they acted within the confines of the power conferred on them or correctly exercised that power by adherence to procedures they were required to follow 2. MERITS REVIEW An independent or impartial reconsideration of all aspects of a decision by a public authority or official, the review body notionally “standing in the shoes” of the original decision maker and determining what is the correct or preferable decision 3. FREEDOM OF INFORMATION Provides the public at large with rights of access to government held information 4. OMBUDSMAN REVIEW Independent investigation of complaints about incorrect or unjust executive actions by public bodies or officials particularly in other circumstances where remedies are unavailable or unsuitable IF QUESTION INVOLVES ANY OF THESE IT IS A FEDERAL TRIBUNAL ISSUE • • • • • Immigration Social Security Tax Customs and Excise Native title IF QUESTION INVOLVES THESE IT IS STATE • • • • • Land and resources management Occupational and business regulation Local government Prisons Education JUDICIAL REVIEW • Judicial review is the means by which courts determine whether or not administrative bodies and officials have properly...
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