By Andrew Mitchell
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Extra info for AS Level Law
Regular testing works. The answers are provided, since we believe strongly that tests are a method of recalling factual information, and therefore the answers will form part of the learning process, either as reinforcement or as a reminder. The sample questions have been included to introduce the style and format of questions that will feature on the examination papers set by each board. Familiarity with the style of questioning, and consideration of the suggested responses, will build your confidence in preparing for examinations in the subject.
Do not confuse the EC’s European Court of Justice with the Council of Europe’s European Court of Human Rights. How does the Human Rights Act 1998 incorporate the Convention into English law? The Human Rights Act 1998 requires that, as far as possible, primary legislation and delegated legislation are made compatible with the Convention. If such legislation comes before the courts and is found not to be compatible, the courts have the power to make a declaration of incompatibility under s 4 of the 1998 Act.
If it appears that primary legislation is out of date—and this is noted by judges in relevant cases that come before them— the enacted legislation will nevertheless remain in force until expressly or impliedly repealed (cancelled out). (b) Parliament can make any laws that it wants. This follows from an acceptance of Parliament as the supreme law-making body and is both subject to, and supported by, the doctrine of implied repeal. This amounts to a practical rule that a differing later statute dealing with a subject in an earlier statute, in the absence of any express statement, impliedly repeals the earlier statute.