those who make or interpret the law are totally successful. The law is in place
and available for use.
The other aspect of direct effect is the actual use made of the law. This may
be formal use by invoking the law in litigation or a transaction. Or it may be
backdrop to a resolution of a matter that might otherwise have gone down the
formal path. With regard to this aspect it is not easy for a legislature or court
to predict actual use accurately. The law may be used more than
was
envisaged or less, in deserving or undeserving cases, or in ways that were or
were not predicted.
Elements
Consideration of the effects of a law may tend to focus on the consequences
that a law brings because these constitute its actual legal effects. But these legal
effects must come down on some parties according to the circumstances in
which they are in, and these are defined and determined by the elements of the
legal rule. Each element delineates a class of facts so the elements define the
catchment area of the rule –
what conduct and circumstances, and which
parties, are caught within the ambit of the rule.
Consequences
Consequences represent the direct legal effects that a legal rule imposes on
parties that fall within its ambit. There is no universally accepted classification
for the direct effects of a rule, but it will help to make some attempt to present
a workable classification. This will help readers to better understand what the
direct effect of a rule can be.
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Institutions
Many statutes establish bodies or offices, which are, logically enough, referred
to as statutory bodies or offices. As well as establishing the bodies or offices,
these statutes will usually provide for their composition, powers, objects and
procedures.
Power
A statute can confer power on a legislature to make law, a court to hear cases,
or an executive official to make decisions. This power can entail achieving an
objective by means of force. Examples are statutes authorising the taking of
blood or DNA sample, and a statute creating a power of arrest.
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For some attempts to present a classification or to discuss the problem with
so doing see Bennion (1979), Abernathy (1983), Summers (1971), Summers (1974),
Summers and Howard (1986)
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