OCR AS Sources of Law 23rd May
I'm resitting Sources of Law next thursday and I was wondering if anyone has any predictions for what could possibly come up, whether it's something you've figured out yourself or from Teachers? And any other discussion as well! 
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My Law teacher predicts Delegated Legislation (hopefully he is right!!) and EU Law! But that's just a guess (although everything he predicted for ELS came up so he seems to be pretty good at guessing haha!
Ooooh that is interesting! I'd love delegated legislation, but we don't get taught EU law, so if that comes up I'd have no choice but to do the other! 
But revising sources of law has been so much more pleasant compared to ELS, I didn't realise how much easier it is and how little there is to know in comparison.
But revising sources of law has been so much more pleasant compared to ELS, I didn't realise how much easier it is and how little there is to know in comparison.Ah same with us we've not been taught EU law either, so very stuck if it comes up!! Ah i much prefer ELS, hate sources of law right now with a passion!
EU law and Delegated legislation are my predictions... I have looked at all the past papers since 2007 and all the topics get rotated. The only year that this has not happened was in 2011 when judicial precedent came up in both the winter and summer exam. However delegated legislation is likely to come up with law reforms because examiners know that a lot of students are going to answer that question so they are not going to make it easy for us! Anyway good luck for Thursday, hope we have a good paper.
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Hey guys, I've looked at the past papers to see if there's a pattern so to speak, but there isn't a clear one. However, from 2009 to 2012, every June paper has had a question on Statutory Interpretation. I haven't looked at Jan 2013 but it's the only pattern there is. EU Law hasn't come up a lot, so that could be a 'shocker'. And also, as you have already mentioned, Delegated Legislation and Judicial often get combined with Law Reform/Legislation (we learned it as Primary so it's the same thing).
Good luck for the exam and hope we get a good paper!
Good luck for the exam and hope we get a good paper!
Original post by SeriouslySweet95
Hey guys, I've looked at the past papers to see if there's a pattern so to speak, but there isn't a clear one. However, from 2009 to 2012, every June paper has had a question on Statutory Interpretation. I haven't looked at Jan 2013 but it's the only pattern there is. EU Law hasn't come up a lot, so that could be a 'shocker'. And also, as you have already mentioned, Delegated Legislation and Judicial often get combined with Law Reform/Legislation (we learned it as Primary so it's the same thing).
Good luck for the exam and hope we get a good paper!
Good luck for the exam and hope we get a good paper!
Statutory Interpretation has come up every January (even in January 2013) and Delegated Legislation has come up every June in exception of one (it came up in January in 2009 instead of June). I am hoping Delegated comes up with Act of Parliament, it has only come up once since 2008 (Law Reform has come up quite a lot in comparison).
I have learned Acts of Parliament, Delegated, Law Reform and attempting to learn EU Law, but I think I may leave it as it is just tiring me. It is a retake so in all honesty I am not too bothered if I do badly, I can still come out with an A although I wanted to aim for an A*.
It is most likely to be delegated legislation and EU law. However if you look at the delegated legislation question each year they do one year controls of delegated and the next year not controls. So I'm thinking controls won't come up.. But that's just a thought! Good luck!
I really hope what you're all saying about Delegated Legislation is true... I don't think I have the brain space to do anything else! I'm taking a huge risk and not revising Statutory Interpretation, anyone else doing anything similar?
Original post by gilchristshan
I really hope what you're all saying about Delegated Legislation is true... I don't think I have the brain space to do anything else! I'm taking a huge risk and not revising Statutory Interpretation, anyone else doing anything similar?
I thought statutory came up in January 2013
Original post by N_Thuduwage
I thought statutory came up in January 2013
Yeah it did... Does that mean it won't come up on Thursday?
Original post by gilchristshan
Yeah it did... Does that mean it won't come up on Thursday?
yes, usually whatever comes up in january doesn't come up in june, although they put EU in again sometimes because rarely anyone ever answers it.
Gosh I hope these predictions are true or I'm screwed :'(
Original post by Alejandroo
Gosh I hope these predictions are true or I'm screwed :'(
Tell me about it, all I know off by heart is Act of Parliaments and Delegated Legislation.
All I've revised is EU Law...I really hope it comes up. I'm also going to try and learn delegated legislation today. I really hope either one comes up
Original post by N_Thuduwage
yes, usually whatever comes up in january doesn't come up in june, although they put EU in again sometimes because rarely anyone ever answers it.
Oh thats good then! Thank you
In terms of what has come up in the past:
Jan10,Jan11,Jan12,Jan13- stat interpretation
June10,June11,June12- legislation
Jun10,Jan11,Jun11,Jun12,Jan13- precedent
every summer paper since June 10 has had a question on legislation and every January paper since 2010 has had a question on stat interpretation.
precedent has no real pattern and EU law hasn't come up for a few papers:/
i predict legislation and EU law
Jan10,Jan11,Jan12,Jan13- stat interpretation
June10,June11,June12- legislation
Jun10,Jan11,Jun11,Jun12,Jan13- precedent
every summer paper since June 10 has had a question on legislation and every January paper since 2010 has had a question on stat interpretation.
precedent has no real pattern and EU law hasn't come up for a few papers:/
i predict legislation and EU law
Original post by N_Thuduwage
yes, usually whatever comes up in january doesn't come up in june, although they put EU in again sometimes because rarely anyone ever answers it.
Precedent came up January 2010, June 2010 and January 2011.
That's 3 papers in a row so really they can ask anything on Thursday:/
Hey guys! I got got a private message from someone about EU Law, and well,wrote this and sent it to them, so I thought I'd copy and paste it here and help you guys out. I typed this on my phone haha so excuse the poor gramma/punctuation/spelling. Also, at the bottom, I've included the Acts, treaties and cases that you have to slip in occasionally.
Well, it's quite tricky at first but once you understand it, it's fine. Well see it in 2 parts; part 1: the institutions part 2: the sources of EU law. For part 1, you need to know the role and composition of each institution, and to me, this is easy.
part 2: you need to know about Treaties, directives and regulations. You also need to understand the terms; 'directly applicable', 'direct effect', 'vertical direct effect' and 'horizontal direct effect'.
Directly applicable means that the law becomes law automatically in the member states. Treaties and regulations are directly applicable and thus, they don't need implementing, they become effective in the member states automatically, as part of national law. Directives on the other hand are not directly applicable and thus need implementing by each state within a given time limit. Where the directive has not been implemented, it may have vertical direct effect, meaning, an individual may use that directive against the State or an arm emanating from the State for example, NHS. However, the individual cannot use an unimplemented directive against another individual or private company - this is called 'horizontal direct effect' and only applies to implemented directives and regulations and treaties.
That is essentially what you need to know for part 2.
The Council of Ministers is composed of around 27 representatives, one from each MS, however, the exact membership is dictated by whatever the topic may be, for example, where the topic is in agriculture, the government will issue the Minister for Agriculture. Moreover, twice a year, the heads of the governments of each member state meet up twice a year in Council to discuss issues of policy. The president of the Council is decided in a 6 month rotation between each member state. Finally, voting in the council is on a weighted basis, that is each country will vote in proportion to the population of the country. The Council is the principle decision making body of the EU - 'The Commission proposes, the Council disposes'.
The Commission is composed of 27 Commissioners who act on behalf of the union, not their countries, which contrasts with the Council who represent their respective nations. Each commissioner is in charge of one area of union policy for example; agriculture. The role if the commission is to propose policies and draft legislation, both if these are then forwarded to the Council for their consideration. Furthermore, it acts as the 'guardian' of the Treaties, by ensuring Treaty Provision has been implemented in MS and EU law has not been infringed. Where this has happened, it may intervene and even refer to the Court of Justice (ECJ). It also acts on behalf of the EU when negotiating with other nations. It is also the administrator of the EU and controls the budget.
European Parliament consists of 754 directly elected MEPs from all the member states, who sit in groups of political allegiance. The role is essentially consultive and the practise no power however, where the Commission negotiates internationally, the Parliament must give it's approval, for example where a country wishes to join the EU. Elections take place every five years. They meet on average once a month with sessions lasting up to a week (like a period
)
Finally, the ECJ. 27 judges from each member state who are assisted by Advocates-generals. It ensures the the interpretation and application of Treaty law is observed under Art 19 TEU. It sits in Luxembourg and hears cases and references under Article 267 TFEU from the national courts of the member states on points of EU law.
Mandatory referrals; every final court (eg Supreme Court) MUST refer cases with points if EU law to the ECJ.
Discretionary; every court below MAY refer to the ECJ, however certain points must be considered, for example; is it necessary, has the question on the point already been decided, is the case reasonable clear from doubt, the circumstances.
The courts holds an emphasis on presenting cases on paper due to the numerous languages. The deliberation by the judges is secret and if necessary by proceed by a majority vote. The ECJ is not bound by its own decisions but binds all those below it in all courts in the member states. It uses the purposive approach.
Okay that's basically. However, there are Articles, Treaties and cases you need to remember and slip in where necessary:
European Communities Act 1972
Duyn V Home Office 1974
Art 39 (now Art 45 TFEU)
Macarthys ltd V Smith 1980
Diocese of Hallam v Connaughton 1996
Art 288 TFEU
Unfair Terms in Consumer Contracts Regulations 1994
The Consumer Protection Act 1987
Marshall v Southampton NHS 1986
Duke v GEC Reliance ltd 1988
Von Colson
Francovich v Italian Republic 1991
Re Tacographs: Commission v United Kingdom 1979
There you go guys, I hope I helped. Also, I'm revising this and DL for tomorrow..with a bit of Law Reform, what do you think will come up? I hope the predictions are true about EU and DL.
Either way, good luck guys!
Well, it's quite tricky at first but once you understand it, it's fine. Well see it in 2 parts; part 1: the institutions part 2: the sources of EU law. For part 1, you need to know the role and composition of each institution, and to me, this is easy.
part 2: you need to know about Treaties, directives and regulations. You also need to understand the terms; 'directly applicable', 'direct effect', 'vertical direct effect' and 'horizontal direct effect'.
Directly applicable means that the law becomes law automatically in the member states. Treaties and regulations are directly applicable and thus, they don't need implementing, they become effective in the member states automatically, as part of national law. Directives on the other hand are not directly applicable and thus need implementing by each state within a given time limit. Where the directive has not been implemented, it may have vertical direct effect, meaning, an individual may use that directive against the State or an arm emanating from the State for example, NHS. However, the individual cannot use an unimplemented directive against another individual or private company - this is called 'horizontal direct effect' and only applies to implemented directives and regulations and treaties.
That is essentially what you need to know for part 2.
The Council of Ministers is composed of around 27 representatives, one from each MS, however, the exact membership is dictated by whatever the topic may be, for example, where the topic is in agriculture, the government will issue the Minister for Agriculture. Moreover, twice a year, the heads of the governments of each member state meet up twice a year in Council to discuss issues of policy. The president of the Council is decided in a 6 month rotation between each member state. Finally, voting in the council is on a weighted basis, that is each country will vote in proportion to the population of the country. The Council is the principle decision making body of the EU - 'The Commission proposes, the Council disposes'.
The Commission is composed of 27 Commissioners who act on behalf of the union, not their countries, which contrasts with the Council who represent their respective nations. Each commissioner is in charge of one area of union policy for example; agriculture. The role if the commission is to propose policies and draft legislation, both if these are then forwarded to the Council for their consideration. Furthermore, it acts as the 'guardian' of the Treaties, by ensuring Treaty Provision has been implemented in MS and EU law has not been infringed. Where this has happened, it may intervene and even refer to the Court of Justice (ECJ). It also acts on behalf of the EU when negotiating with other nations. It is also the administrator of the EU and controls the budget.
European Parliament consists of 754 directly elected MEPs from all the member states, who sit in groups of political allegiance. The role is essentially consultive and the practise no power however, where the Commission negotiates internationally, the Parliament must give it's approval, for example where a country wishes to join the EU. Elections take place every five years. They meet on average once a month with sessions lasting up to a week (like a period
)Finally, the ECJ. 27 judges from each member state who are assisted by Advocates-generals. It ensures the the interpretation and application of Treaty law is observed under Art 19 TEU. It sits in Luxembourg and hears cases and references under Article 267 TFEU from the national courts of the member states on points of EU law.
Mandatory referrals; every final court (eg Supreme Court) MUST refer cases with points if EU law to the ECJ.
Discretionary; every court below MAY refer to the ECJ, however certain points must be considered, for example; is it necessary, has the question on the point already been decided, is the case reasonable clear from doubt, the circumstances.
The courts holds an emphasis on presenting cases on paper due to the numerous languages. The deliberation by the judges is secret and if necessary by proceed by a majority vote. The ECJ is not bound by its own decisions but binds all those below it in all courts in the member states. It uses the purposive approach.
Okay that's basically. However, there are Articles, Treaties and cases you need to remember and slip in where necessary:
European Communities Act 1972
Duyn V Home Office 1974
Art 39 (now Art 45 TFEU)
Macarthys ltd V Smith 1980
Diocese of Hallam v Connaughton 1996
Art 288 TFEU
Unfair Terms in Consumer Contracts Regulations 1994
The Consumer Protection Act 1987
Marshall v Southampton NHS 1986
Duke v GEC Reliance ltd 1988
Von Colson
Francovich v Italian Republic 1991
Re Tacographs: Commission v United Kingdom 1979
There you go guys, I hope I helped. Also, I'm revising this and DL for tomorrow..with a bit of Law Reform, what do you think will come up? I hope the predictions are true about EU and DL.
Either way, good luck guys!
Original post by Kamye123
In terms of what has come up in the past:
Jan10,Jan11,Jan12,Jan13- stat interpretation
June10,June11,June12- legislation
Jun10,Jan11,Jun11,Jun12,Jan13- precedent
every summer paper since June 10 has had a question on legislation and every January paper since 2010 has had a question on stat interpretation.
precedent has no real pattern and EU law hasn't come up for a few papers:/
i predict legislation and EU law
Jan10,Jan11,Jan12,Jan13- stat interpretation
June10,June11,June12- legislation
Jun10,Jan11,Jun11,Jun12,Jan13- precedent
every summer paper since June 10 has had a question on legislation and every January paper since 2010 has had a question on stat interpretation.
precedent has no real pattern and EU law hasn't come up for a few papers:/
i predict legislation and EU law
For delegated I think the question might focus on the three types of delegated legislation and the advantages/disadvantages- there is a pattern (if it comes up with Acts of Parliament). If it comes up on its own it may also ask about the need for delegated legislation.
June 2012: Control and the effectiveness (c). What type of D.L. (b) Role and composition of the Law Commission (a).
June 2011: Three types of D.L and advantages/disadvantages (c). Question B was on a specific statutory instrument example. How is an Act of Parliament created (a).
June 2010: Controls and effectiveness (c). What type of D.L (b) Need for D.L (a)
January 2009: Three types and effectiveness (c) Judicial review (b) Role of the Law Commission (a)
* If D.L does come up then the chances are Question B will be on Judicial review?
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