Pages 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 8043 result(s) returned

3.1.5 (E) Historical development of scientific knowledge

Pupils should be taught some of the historical background to the development of scientific knowledge.


Author(s): The Open University

License information
Related content

Except for third party materials and/or otherwise stated (see terms and conditions) the content in OpenLearn is released for use under the terms of the Creative Commons Attribution-NonCommercial-Share

3.1.3 (C) Scientific methods and critical testing

Pupils should be taught that science uses the experimental method to test ideas, and, in particular, about certain basic techniques such as the use of controls. It should be made clear that the outcome of a single experiment is rarely sufficient to establish a knowledge claim.


Author(s): The Open University

License information
Related content

Except for third party materials and/or otherwise stated (see terms and conditions) the content in OpenLearn is released for use under the terms of the Creative Commons Attribution-NonCommercial-Share

9.5 Tables

Using a table or just a set of columns can help you to analyse information and ideas. You can vary the number of columns and rows as needed. The following activity provides an opportunity for you to summarise information in a table.

Activity 7: Completing a table


Author(s): The Open University

License information
Related content

Except for third party materials and/or otherwise stated (see terms and conditions) the content in OpenLearn is released for use under the terms of the Creative Commons Attribution-NonCommercial-Share

5.2 Barristers

In 2008 there were approximately 12,000 barristers in independent practice known as the Bar. Their governing body is the Bar Council. It acts as their regulatory body and sets the requirements for training, qualification and professional development. The main role of a barrister is advocacy i
Author(s): The Open University

License information
Related content

Except for third party materials and/or otherwise stated (see terms and conditions) the content in OpenLearn is released for use under the terms of the Creative Commons Attribution-NonCommercial-Share

4 Key players in law enforcement

If a law is broken, who has the responsibility for ensuring that the individual or company who has broken the law is ‘brought to justice’?

Activity 5: Who enforces the law?

0 hours 10 minutes
Author(s): The Open University

License information
Related content

Except for third party materials and/or otherwise stated (see terms and conditions) the content in OpenLearn is released for use under the terms of the Creative Commons Attribution-NonCommercial-Share

1.1 The constitution

The UK has a common law legal system. It is very difficult to give a simple definition of the legal system in the UK, but you may find it helps to think of it as the system that covers how all civil and criminal laws are made, used and enforced.

A fundamental part of any legal system is its Author(s): The Open University

Acknowledgements

The content acknowledged below is Proprietary (see terms and conditions) and is made available under a Creative Commons Attribution-NonCommercial-ShareAlike 2.0 Licence

Grateful acknowledgement is made to the following sources for permission to reproduce material in this unit:

The content acknowledged below is P
Author(s): The Open University

License information
Related content

Except for third party materials and/or otherwise stated (see terms and conditions) the content in OpenLearn is released for use under the terms of the Creative Commons Attribution-NonCommercial-Share

6.1 Influences on the law-making process

In Part E I will discuss the influence of pressure groups in the rule-making process and assess the role that citizens can have in influencing the laws Parliament makes.

As you have seen already, most Acts of Parliament are the outcome of the policy decisions taken by Government and the actual policies pursued will depend upon the political goals of that Government. Most Acts result from Government Bills sponsored by the relevant Minister. Education legislation, for example, will be int
Author(s): The Open University

License information
Related content

Except for third party materials and/or otherwise stated (see terms and conditions) the content in OpenLearn is released for use under the terms of the Creative Commons Attribution-NonCommercial-Share

4.8 Professional regulations

Certain professional bodies, such as The Solicitors Regulation Authority, have delegated authority under enabling legislation to regulate the conduct of their members. The Solicitors Regulation Authority has power to control the conduct of practising solicitors under the Solicitors Act 1974. The General Medical Council regulates the conduct of its members under the Medical Act of 1858. It has four main functions:

  • to keep up-to-date registers of qualif
    Author(s): The Open University

    License information
    Related content

    Except for third party materials and/or otherwise stated (see terms and conditions) the content in OpenLearn is released for use under the terms of the Creative Commons Attribution-NonCommercial-Share

3.3.1 First reading

The title of a Bill is read out and copies of it are printed but no debate takes place. There will be a vote on whether the House wishes to consider the Bill further.


Author(s): The Open University

License information
Related content

Except for third party materials and/or otherwise stated (see terms and conditions) the content in OpenLearn is released for use under the terms of the Creative Commons Attribution-NonCommercial-Share

2.1 Key themes and learning outcomes

The key themes of Part A are:

  • company;

  • business;

  • capital.

After studying Part A, you should be able to:

  • describe in general terms what a business is;

  • demonstrate an appreciation of the concept of capital.

 

Author(s): The Open University

License information
Related content

Except for third party materials and/or otherwise stated (see terms and conditions) the content in OpenLearn is released for use under the terms of the Creative Commons Attribution-NonCommercial-Share

9 Where do the ideas for an Act of Parliament come from?

Ideas for an Act of Parliament can come from many sources. You have explored the different types of Bills that exist, and been introduced to the idea that laws need to respond to social and political change. The list that follows is not exhaustive, but is intended to provide an illustration of the range of bodies interested in law and changes in the law.

Political party manifestos

Party manifestos and pre-election promises are influenced by what politicians believe the publ
Author(s): The Open University

License information
Related content

Except for third party materials and/or otherwise stated (see terms and conditions) the content in OpenLearn is released for use under the terms of the Creative Commons Attribution-NonCommercial-Share

6.6 Stages of an Executive Bill

To provide a flavour of the consideration of Bills, we will now look at the stages of an Executive Bill.

One of the unique features of the Scottish Parliament is its openness. There are processes for wide consultation, an open evidence process at committees, the ability of the public and interested parties to liaise directly with MSPs, and the ability to lobby for amendments to a Bill. For all these things the Scottish Parliament has received international recognition.

An Executiv
Author(s): The Open University

License information
Related content

Except for third party materials and/or otherwise stated (see terms and conditions) the content in OpenLearn is released for use under the terms of the Creative Commons Attribution-NonCommercial-Share

6.5 Bills and the Scottish Parliament

Bills in the Scottish Parliament are very similar, in terms of layout, structure and the conventions of legislative drafting, to Bills of the UK Parliament. This is primarily because the Acts of the Scottish Parliament (ASPs) to which they are intended to give rise form part of the UK ‘statute book’ alongside existing statute law.

The stages of a Bill through the Scottish Parliament will depend on a number of factors, as not all Bills follow the same process. The difference between
Author(s): The Open University

License information
Related content

Except for third party materials and/or otherwise stated (see terms and conditions) the content in OpenLearn is released for use under the terms of the Creative Commons Attribution-NonCommercial-Share

5.3 Summary of Part D

After studying Part D you should be able to:

  • explain the difficulties of interpreting written statements;

  • explain what is meant by indeterminacy;

  • explain what is meant by interpretive strategies;

  • describe the literal approach to interpretation;

  • describe the approach to interpretation which seeks to avoid absurdity;

  • describe the approach to interpretation which looks t
    Author(s): The Open University

    License information
    Related content

    Except for third party materials and/or otherwise stated (see terms and conditions) the content in OpenLearn is released for use under the terms of the Creative Commons Attribution-NonCommercial-Share

5.2.3 Looking at the intention of the rule-maker

To resolve these problems, a rule-applier may adopt a yet broader interpretive strategy. This involves attempting to work out what the intention of the rule-maker was when the rule was formulated. In other words, it means going beyond or outside the language of the rule itself. In the context of a statute (i.e. an Act of Parliament), this may involve the rule-applier (the judge) looking at the law that existed before the statute was enacted and working out what the problem with that la
Author(s): The Open University

License information
Related content

Except for third party materials and/or otherwise stated (see terms and conditions) the content in OpenLearn is released for use under the terms of the Creative Commons Attribution-NonCommercial-Share

5.2.1 A literal approach

One way in which we can interpret a rule is by treating it literally. Very simply this means looking at the words which comprise the rule, and at the way in which they are put together, and applying the rule ‘as is’ to a factual situation to which it applies. An example would be: ‘Dog owners are not permitted to let their dogs off the lead in the park’. If this is applied literally, it would mean that a person who did not own a dog, but who took a friend's dog to the park, would not b
Author(s): The Open University

License information
Related content

Except for third party materials and/or otherwise stated (see terms and conditions) the content in OpenLearn is released for use under the terms of the Creative Commons Attribution-NonCommercial-Share

4.1 Introduction

We have looked at the way in which policy informs the development of rules, and you have had an opportunity to develop your reasoning skills by applying your understanding of a set of rules to some factual situations. One of the issues which came out of Part B was that sometimes in applying rules the language in which the rules are written makes it difficult to know exactly what is meant. In Part C we will be looking at this problem in a little more detail. In particular, we will be looking a
Author(s): The Open University

License information
Related content

Except for third party materials and/or otherwise stated (see terms and conditions) the content in OpenLearn is released for use under the terms of the Creative Commons Attribution-NonCommercial-Share

3.4 Summary of Part B

After studying Part B you should be able to:

  • describe the relevance of policy for rule making;

  • recognise differing reactions to Ireland's ban on smoking in the workplace;

  • demonstrate/explain the implications of the rules governing Ireland's ban on smoking in the workplace.


Author(s): The Open University

License information
Related content

Except for third party materials and/or otherwise stated (see terms and conditions) the content in OpenLearn is released for use under the terms of the Creative Commons Attribution-NonCommercial-Share

3.4 Did I make a rough estimate to act as a check?

When using a calculator many people have ‘blind faith’ in its capacity to provide the correct result.

Calculators invariably provide the co
Author(s): The Open University

License information
Related content

Except for third party materials and/or otherwise stated (see terms and conditions) the content in OpenLearn is released for use under the terms of the Creative Commons Attribution-NonCommercial-Share

Pages 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403