Model answer for parliamentary sovreighty and outline of green and white paper please
Parliamentary supremacy (sovereignty) is the idea that, as a democratically elected body, Parliament is the supreme law-making body in the country. The main elements are that Parliament has the right to make or unmake any law and that no-one has a right to override or set aside any Act of Parliament. Acts must be applied by the courts and override any judicial precedent, delegated legislation or previous Act of Parliament that covers that area of law. Parliament also has the power to change or cancel any law it has passed. Another aspect is the idea that no Parliament can bind its successors (i.e. no Parliament can make laws that will restrict law-making in future Parliaments). One limitation on parliamentary sovereignty is membership of the European Union (EU). EU law takes priority over conflicting laws in member states. The European Communities Act 1972 incorporates this principle into UK law. Even if Parliament passes an Act that conflicts with EU law, EU law must prevail, as shown in the Factortame case in 1990. But this limitation only applies to areas of law where EU law applies, which are mainly economic and social matters, and areas like criminal law are not affected.
[10 marks]
For green and white papers, we won't get a full 10 marker. It will be worth 5 marks, along with another topic for one 10 mark question.
Green papers are used to set out ideas for new legislation. They allow interested parties to comment and suggest alterations. Several green papers can be passed before a white paper is drafted. For example, the Court and Legal services Act 1990 was preceded by three green papers.
White papers are drafted as a final proposal of a piece of legislation, following the process as a green paper.
When can you appeal to the Court of Appeal and Supreme Court? (criminal courts and lay people)
-I think the SC is when it is a matter of public importance.
Can appeal from Magistates to COA if a point of law needs to be decided upon. Can appeal from Magistates to SC if a matter of public importance needs to be decided upon good luck!
Parliamentary supremacy (sovereignty) is the idea that, as a democratically elected body, Parliament is the supreme law-making body in the country. The main elements are that Parliament has the right to make or unmake any law and that no-one has a right to override or set aside any Act of Parliament. Acts must be applied by the courts and override any judicial precedent, delegated legislation or previous Act of Parliament that covers that area of law. Parliament also has the power to change or cancel any law it has passed. Another aspect is the idea that no Parliament can bind its successors (i.e. no Parliament can make laws that will restrict law-making in future Parliaments). One limitation on parliamentary sovereignty is membership of the European Union (EU). EU law takes priority over conflicting laws in member states. The European Communities Act 1972 incorporates this principle into UK law. Even if Parliament passes an Act that conflicts with EU law, EU law must prevail, as shown in the Factortame case in 1990. But this limitation only applies to areas of law where EU law applies, which are mainly economic and social matters, and areas like criminal law are not affected. Is that defo 10 marks, what about bill of rights? What about examples do you not need much detail? [10 marks]
For green and white papers, we won't get a full 10 marker. It will be worth 5 marks, along with another topic for one 10 mark question. Is that defo 10? Don't you need to include examples e.g. Bill of rights and how they prevented king james off springs from becoming the next king/queen?
Green papers are used to set out ideas for new legislation. They allow interested parties to comment and suggest alterations. Several green papers can be passed before a white paper is drafted. For example, the Court and Legal services Act 1990 was preceded by three green papers.
White papers are drafted as a final proposal of a piece of legislation, following the process as a green paper.
are you sure that's 10 marks? Do you not need to mention bill of rights