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Legislation question.

Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › Legislation question.

  • This topic has 7 replies, 3 voices, and was last updated 2 years ago by MikeLittle.
Viewing 8 posts - 1 through 8 (of 8 total)
  • Author
    Posts
  • June 10, 2023 at 4:56 pm #686758
    arahnsathananthan
    Participant
    • Topics: 64
    • Replies: 83
    • ☆☆

    Hi Mike. Could you please help with the below question?

    Which TWO of the following statements regarding legislation are correct?

    Those who draft statute cannot anticipate every case which may arise
    The electoral system means that the statute-making process responds to public opinion
    Courts may strike out any legislation which is contrary to the European Convention on Human Rights
    An Act always comes into operation immediately after it receives Royal Assent

    Thanks so much as always. My exam is on Friday !

    June 10, 2023 at 9:41 pm #686765
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23321
    • ☆☆☆☆☆

    I would have thought 1 and 3. But what does the printed answer say?

    June 10, 2023 at 11:21 pm #686766
    arahnsathananthan
    Participant
    • Topics: 64
    • Replies: 83
    • ☆☆

    Thats right ! Could you please tell me why those are the answers ?

    June 11, 2023 at 9:17 am #686768
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23321
    • ☆☆☆☆☆

    ‘Those who draft statute cannot anticipate every case which may arise’. That’s just impossible to predict, today, a complete set of scenaria that will occur, say, 50 years in the future.

    ‘The electoral system means that the statute-making process responds to public opinion’. Public opinion is consistently fickle – that’s why there are ‘swing seats’ in general elections. I remember many years ago that there was an unofficial referendum asking whether the system of capital punishment / the death sentence should be re-introduced into the UK judicial system. I seem to remember that the public voted in favour by around 70% but the parliament did not respond to the public’s opinion.

    ‘Courts may strike out any legislation which is contrary to the European Convention on Human Rights’. This is still valid even though UK is no longer in the European Community.

    ‘An Act always comes into operation immediately after it receives Royal Assent’. Basically, no! Built into new legislation are normally future dates and time limits. When an Act is passed, this supersedes existing practice so those people that are adversely affected by the new Act are given time to reorganise their activities so as to be able to comply with the new legislation

    OK?

    June 11, 2023 at 11:22 pm #686822
    arahnsathananthan
    Participant
    • Topics: 64
    • Replies: 83
    • ☆☆

    Thanks a lot Mike for your help as always. Only a few more days till the exam !

    Kind regards,

    Arahn

    June 12, 2023 at 10:20 am #686860
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23321
    • ☆☆☆☆☆

    Well, good luck with that! Let me know how you get on

    June 12, 2023 at 3:32 pm #686916
    mrjonbain
    Moderator
    • Topics: 6
    • Replies: 2471
    • ☆☆☆☆☆

    Good luck with your exam. There’s interesting example of law not coming into effect for some time with the Easter Act 1928. Still not implemented even though passed almost 95 years ago-

    https://en.m.wikipedia.org/wiki/Easter_Act_1928

    June 12, 2023 at 8:05 pm #686930
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23321
    • ☆☆☆☆☆

    Thanks for this Jon – it’s a matter of which I have never previously been aware 🙂

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