ChatterBank0 min ago
can anyone tell me the advantages & disadvantages in law making?
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I assume this is a different question to the one you asked under Civil Law http://www.theanswerb...l/Question869007.html
I'd be interested in mentioning 'law making by Sun headline' which is the bane of judges and lawyers.What happens is some tabloid like the Daily Mail or the Sun makes an enormous, ill-informed, fuss about some case and the government feels it must be seen to be doing something. Self-defence and defence of property is one example.In this instance all that has happened is talk of a bill and the whole thing will probably be quietly shelved, as it was in the Tony Martin case, because the government finally asks its lawyers and the judges, who gently explain that the law is perfectly adequate as it is (and has been for centuries) and already meets cases like Martin's.
If anything is done you'll find an amending or wholly new act which , when carefully analysed, does no more than express the existing law in different words !It's really what lawyers call 'a declaratory act' or a 'consolidating act' depending on whether it repeats common law or reenacts several acts in one act. Or, as in the case of juvenile and young offenders in Michael Howard's time as Home Secretary, a law is passed which does changes things, the judges protest privately that it is unworkable or has unfortunate results and you find that within a year another act is passed which changes the law back to what it was (this gets no fanfare !)
If anything is done you'll find an amending or wholly new act which , when carefully analysed, does no more than express the existing law in different words !It's really what lawyers call 'a declaratory act' or a 'consolidating act' depending on whether it repeats common law or reenacts several acts in one act. Or, as in the case of juvenile and young offenders in Michael Howard's time as Home Secretary, a law is passed which does changes things, the judges protest privately that it is unworkable or has unfortunate results and you find that within a year another act is passed which changes the law back to what it was (this gets no fanfare !)
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