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EU Laws and ECHR are source of law of law-making in England and Wales??
10 Answers
I'm a 1st yr student. I'm doing an assignment. There's a question on discussing the advantages and disadvantages of law-making in england and wales. My answer need to cover all sources of law.
But as far as I know. EU laws and ECHR are type of source in England and Wales law. But they are not invloved on any law-making process in england and wales. Can someone explain to me? Thanks!!
But as far as I know. EU laws and ECHR are type of source in England and Wales law. But they are not invloved on any law-making process in england and wales. Can someone explain to me? Thanks!!
Answers
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You probably wont get much of a response to this question, as the general opinion is find the answer yourself, you are a law student therefore should have the capability to read and learn.
That said, the EU has a massive role in the law making process in E and W. If the EU enacts a regulation , then it is directly applicable in E and W. Similarly, if the EU issues a directive, the legislature has to make sure that any current law on the same matter is compatible, if not it must enact new legislation to comply. Failure to do so puts the E and W in breach of community law.
The ECHR is different, all domestic legislation has got to be read and declared compatible in the law making process. Derogations are permitted, only on certain grounds.
This should get you started, but I suggest you have a chat with your lecturer if you don't understand. You wont get great marks relying on answers from here
Jo
That said, the EU has a massive role in the law making process in E and W. If the EU enacts a regulation , then it is directly applicable in E and W. Similarly, if the EU issues a directive, the legislature has to make sure that any current law on the same matter is compatible, if not it must enact new legislation to comply. Failure to do so puts the E and W in breach of community law.
The ECHR is different, all domestic legislation has got to be read and declared compatible in the law making process. Derogations are permitted, only on certain grounds.
This should get you started, but I suggest you have a chat with your lecturer if you don't understand. You wont get great marks relying on answers from here
Jo
'happy'jo - I posted a similar question yesterday on behalf of a friend. She has tried to get clarification from two of her lecturers, who seem to contradict one another and get mad when my friend and her classmates keep asking (as they are no further forward).
My friend is extremely stressed about this as she worries it will come up in an exam shortly.
With a Scottish Law student having committed suicide this past week due to the stress, perhaps you could just answer questions where you are able and keep the smugness to yourself.
My friend is extremely stressed about this as she worries it will come up in an exam shortly.
With a Scottish Law student having committed suicide this past week due to the stress, perhaps you could just answer questions where you are able and keep the smugness to yourself.
Well... being honest. I posted my question in here is because I'm looking for help and answer in here. Not getting lecture by people who pretend they are kind and doing the good thing for me. I think that's why this forum is for. If people who have question want to ask and getting return is just insulting and lecture by the others. Why should they ask in here?
I know some people maybe smart or have gone through the subject already. But that doesn't mean you are different and above the others. That's not right. After I've read the other's posted and answerd. I feel so sick and disappointed by those people. If you don't want to help than just leave it out. Who you people think you are to lecturing people? Don't you ever have questions and problems before while you are a student and you desperating to seek help? Think about it. Be nice truely....not pretending!
I know some people maybe smart or have gone through the subject already. But that doesn't mean you are different and above the others. That's not right. After I've read the other's posted and answerd. I feel so sick and disappointed by those people. If you don't want to help than just leave it out. Who you people think you are to lecturing people? Don't you ever have questions and problems before while you are a student and you desperating to seek help? Think about it. Be nice truely....not pretending!
happy jo. Well...1st thanks for you posting. But that's not what I'm asking for. I knew what is EU laws and their impact to the law in England and Wales. I also knew what is ECHR.
Simply you didn't read my question carefully and made your own judgement on my intension.
I'm asking does EU laws and ECHR involved on law-making process in England and Wales or not? So simple!!
Simply you didn't read my question carefully and made your own judgement on my intension.
I'm asking does EU laws and ECHR involved on law-making process in England and Wales or not? So simple!!
Hi
I am not being smug, I was trying to tell you that in the past not many of the posters will provide answers to LLB questions on answerbank.
I am a third yr law student, up to my neck in work, with 3 kids and a job. When I am struggling to get my head around a subject, I read, read and read some more.
Perhaps if had phrased the question better, I might have understood the angle.
I am not being smug, I was trying to tell you that in the past not many of the posters will provide answers to LLB questions on answerbank.
I am a third yr law student, up to my neck in work, with 3 kids and a job. When I am struggling to get my head around a subject, I read, read and read some more.
Perhaps if had phrased the question better, I might have understood the angle.
Well....everyone have their own story. Just let me state one thing. Here is for people to ask question and seek for help and answer. Not for people to post their feelings. If you think my attitude is unacceptable. Fine, but none of your business. Who do you think you are? If you can't help or don't want to help. Just leave it, what's the point to post a stupid reply like this.
Happyjo, maybe you have your story. But who else don't? How do you know my situation not worser than you?
Let me make myself clear once more. This is the place for people to ask question and seeking for answer. Not a normal forum for people to express their feelings and lecturing people. If you are not happy about it, than that's your problem.
Happyjo, maybe you have your story. But who else don't? How do you know my situation not worser than you?
Let me make myself clear once more. This is the place for people to ask question and seeking for answer. Not a normal forum for people to express their feelings and lecturing people. If you are not happy about it, than that's your problem.
Michael,
I tried to answer your question, I tried to help. You did not particularly phrase the question very well, and then you became rude.
As you can see from the responses, not many people answer LLB questions on here. People tend to answer everyday legal problems, as opposed to legal course work.
Have you thought about buying a 'Nutshells' book on Constitutional/Admin/Public law? they provide simple pointers that may make things clearer
I am going now, have a dissertation to finish and three other peices of course work.
Good luck
I tried to answer your question, I tried to help. You did not particularly phrase the question very well, and then you became rude.
As you can see from the responses, not many people answer LLB questions on here. People tend to answer everyday legal problems, as opposed to legal course work.
Have you thought about buying a 'Nutshells' book on Constitutional/Admin/Public law? they provide simple pointers that may make things clearer
I am going now, have a dissertation to finish and three other peices of course work.
Good luck
Hi MichaelChan, i'm a 1st year student at O.U as well and the answer you're looking for is in the W100 book towards the end. Have you looked at the book? because you're asking on here!!!. I have to agree with HappyJo, you wont find the answer here. You should check out the internet for research and you might find an answer on the internet but you shouldn't have a go at other people here just because you don't know what the answer is. It's not as though they have advertised that they are willing to help people with their course work!!. If you done a bit of research, you wouldn't be on here asking this question.
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