TMA 02 Essay Example | Topics and Well Written Essays - 1500 words

TMA 02 - Essay Example The Parliament is the supreme legislative body, hence, it can enact any law it chooses; and its enactments are absolutely binding on all. Because of this supremacy, Parliament can delegate legislative power to subordinates and the delegated or subordinate legislation laid down by such persons is also binding on the courts. Because it is sovereign, Parliament can delegate some of its legislative powers (by parent or enabling’ legislation) to Ministers of the Crown, local councils, etc. For example, the Secretary of State for Trade possesses delegated power to regulate the licensing of those involved in the consumer credit industry under the Consumer Credit Act 1974. Delegated or subordinate legislation has become increasingly important in recent years as a source of new law because of lack of Parliamentary time, technicality, urgency and elasticity. The types of delegated legislation include orders in Council, statutory instruments (affirmative and negative procedure), and by-laws of local authorities. While these are the principal sources, to elucidate a difficult point, writings of jurists are resorted to. Since 1972, laws made by the European Communities may be applicable in the UK pursuant to the European Communities Act 1972, ss. 2 and 3. Such laws may take the form of Regulations and Directives from the European Commission and Council of Ministers and decisions of the European Court of Justice, which UK courts are bound to take notice of. As a member state of the European Community, the UK has to a very limited extent subordinated its legal system to that of the EC. Nevertheless, EC law is undoubtedly a source of English law. This is particularly true of directly applicable EC law, such as Article 119 of the Treaty of Rome, which provides for equal pay for work of equal value, irrespective of sex. In a series of cases, this principle has been held to apply to the UK. Courts have been careful to construe this principle as existing over British