The UK Parliament makes legislation in the form of primary legislation called Acts of Parliament and grants powers to other bodies to make legislation on Parliament’s behalf, in the form of secondary legislation or delegated legislation. Parliament is composed of three bodies, the Queen in Parliament, the House of Commons, and the House of Lords. A draft piece of legislation, a bill, to become an Act of Parliament must be passed by the House of Commons and the House of Lords and then receive the royal assent. If the House of Commons and House of Lords cannot agree on legislation this is dealt with under the Parliament Acts 1911 and 1949. Secondary or delegated legislation is necessary for a number of reasons but is subject to controls both parliamentary and in the courts.
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This chapter examines the legislative (law-making) process. In the UK, the Westminster Parliament can make primary legislation called Acts of Parliament or ‘Statutes’. Parliament can also grant powers to other bodies to make legislation on Parliament’s behalf, in the form of secondary legislation or delegated legislation. Parliament is comprised of three bodies, the Queen in Parliament, the House of Commons, and the House of Lords. A draft piece of legislation, a bill, which will become an Act of Parliament must be passed by the House of Commons and the House of Lords and then receive Royal Assent. If the House of Commons and House of Lords cannot agree on legislation this can be governed by the Parliament Acts 1911 and 1949. Secondary or delegated legislation is necessary for a number of reasons but is subject to controls exercised by Parliamentary and the courts.
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This chapter examines ‘primary legislation’, in the form of UK Acts of Parliament, and how they are made. The discussions cover who or what is the ‘legislature’ in the British constitution; the roles of different institutions in policymaking; drafting bills by Parliamentary Counsel; pre-legislative scrutiny of some ‘draft bills’ before the start the formal legislative process in Parliament ; the parliamentary year; parliamentary stages of a bill—first reading, second reading, committee stage, report stage, and third reading; bills of constitutional importance; the constitutional framework for bringing legislation into force; how government and Parliament carries out post-legislative scrutiny of some Acts of Parliament to review how they are operating in practice; and legislative functions in the British system of devolution.
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This chapter examines ‘primary legislation’ (UK Acts of Parliament) and how it is made. We look at who or what is the ‘legislature’ in the British constitution; the roles of different institutions in policymaking; drafting bills by Parliamentary Counsel; pre-legislative scrutiny of some ‘draft bills’ before the start of the formal legislative process in Parliament; the parliamentary year; parliamentary stages of a bill—first reading, second reading, committee stage, report stage, and third reading; bills of constitutional importance; the constitutional framework for bringing legislation into force; how government and Parliament carries out post-legislative scrutiny of some Acts of Parliament to review how they are operating in practice; and legislative functions in the British system of devolution.
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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. This chapter examines domestic legislation. Domestic legislation is created by Parliament, which consists of the House of Commons, the House of Lords, and the Monarch. It is divided into primary legislation and secondary legislation. Primary legislation takes the form of ‘Acts of Parliament’, commonly referred to as ‘statutes’. Statutes can cover a vast variety of laws including criminal law, land law, contract law, and many others. Meanwhile, secondary legislation—also known as delegated legislation or subordinate legislation—is the most common instrument for implementing change within the UK. Parliament has neither the time, the resources, nor the expertise to deal with certain matters. It is for these reasons that the majority of legislation is made outside of Parliament. Accordingly, Parliament may delegate such powers, through an Act of Parliament to other bodies and institutions to implement. Such bodies often include the Privy Council, government ministers, local authorities, and other regulatory agencies.
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This chapter provides an overview of the themes covered in Part 3 of the book, consisting of Chapters 12 to 15. Chapter 13 examines the processes involved in making Acts of the UK Parliament. Chapter 14 looks at ‘delegated legislation’—that is, rules that have the binding force of law made by ministers and other authorities, in which Parliament has a limited scrutiny role. Chapter 15 is a case study designed to bring together and develop several key themes—notably, the relationship between the House of Commons and House of Lords in the legislative process.
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This chapter provides an overview of the themes covered in Part III of the book, consisting of Chapters 12 and 13. The chapters are concerned legislation, which can be made for a variety of purposes: to set out public law rights; to impose taxation; to create powers for public bodies to take action; the regulation of commercial activity; and social control. Chapter 12 examines the processes involved in making Acts of the UK Parliament. The legislative process for making Acts of Parliament provides opportunities for democratic debate, but critics often express concern that the making of legislation is a rushed affair in which the public and parliamentarians have too little time and influence. Chapter 13 looks at ‘delegated legislation’—that is, rules that have the binding force of law made by ministers and other authorities, in which Parliament has even more of a limited scrutiny role.
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This chapter considers a further source of the UK constitution: the law that is made by the judicial branch of government as a result of the cases heard by the courts. Today it is widely accepted that judge-made law is a reality. It takes two main forms: the development of the common law and the interpretation of statutes. The two main approaches of the courts to the interpretation of Acts of Parliament—the literal approach and the purposive approach—are discussed. In addition, the interpretative obligation imposed on the courts by s 3 of the Human Rights Act 1998 is also reviewed.
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This chapter considers a further source of the UK constitution: the law that is made by the judicial branch of government as a result of the cases heard by the courts. Today it is widely accepted that judge-made law is a reality. It takes two main forms: the development of the common law; or the interpretation of statutes. The two main approaches of the courts to interpretation of Acts of Parliament—the literal approach and the purposive approach—are discussed. In addition, the interpretative obligation imposed on the courts by s 3 of the Human Rights Act 1998 is also reviewed.
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This chapter explores the role and membership of Parliament’s two chambers, the House of Commons and the House of Lords, the operation of parliamentary privilege; and accountability of members. The key functions of Parliament include controlling national expenditure and taxation; sustaining the government; legislating and scrutinising government actions. The House of Commons is the pre-eminent chamber and dominates Parliament. The Commons’ membership consists of Members of Parliament (MPs) who are democratically elected by the public to represent their interests in Parliament. The membership of the House of Lords largely relies on patronage. Members of the Lords are appointed by the Queen on the Prime Minister’s advice. The House of Lords is an important revising and scrutinising chamber, and while it is subordinate to the democratically elected House of Commons, it is also a check on constitutional change by the Commons. The Parliament Acts 1911 and 1949 redefined the Lords’ legislative powers over public bills and established the Commons’ primacy. The chapter then considers the operation of parliamentary privilege. Parliament needs parliamentary privilege to conduct its core business effectively, independently, and without fear of outside interference, and to protect everything said or done in the transaction of parliamentary business. Indeed, Parliament is self-regulating and, as a sovereign body, operates outside the jurisdiction of the courts except for the criminal law. Each House has its own standards of conduct and disciplinary powers which ensure accountability.
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This chapter focuses on an important dimension of legal information literacy: the ability to read critically and with understanding. It provides a set of concepts and tools to help students better understand both primary and secondary legal sources and lays out the three questions that we may ask about a legal text: what kind of law is it; how does it affect existing law; and why was it made? It first explains two kinds of legislation: UK Acts of Parliament; and EU regulations and directives. The chapter then looks at the form of English reports and European Union cases. This is followed by a discussion of how to read legal books and articles.
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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter first discusses the five key sources of UK law: the common law in the form of judicial decisions and cases involving the interpretation of statutes, Acts of Parliament, EU retained and converted law, and the European Convention on Human Rights and Fundamental Freedoms. It then turns to the issue of constitutional conventions, covering the distinction between laws and conventions, whether constitutional conventions are binding, and examples of constitutional conventions.
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This chapter focuses on an important dimension of legal information literacy: the ability to read critically and with understanding. It provides a set of concepts and tools to help students better understand both primary and secondary legal sources and lays out the three questions that we may ask about a legal text: what kind of law is it; how does it affect existing law; and why was it made? It first explains two kinds of legislation: UK Acts of Parliament; and EU Regulations and Directives. The chapter then looks at the form of English reports and European Union cases. This is followed by a discussion of how to read legal books and articles.
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Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Jackson v HM Attorney General [2005] UKHL 56, House of Lords. This case concerned the interpretation of the Parliament Acts 1911 and 1949 and the implications of this interpretation for the relationship between the Houses of Parliament. The case also contained important obiter from the House of Lords on the nature of parliamentary sovereignty. The document also includes supporting commentary from author Thomas Webb.
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Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Jackson v HM Attorney General [2005] UKHL 56, House of Lords. This case concerned the interpretation of the Parliament Acts 1911 and 1949 and the implications of this interpretation for the relationship between the Houses of Parliament. The case also contained important obiter from the House of Lords on the nature of parliamentary sovereignty. The document also includes supporting commentary and questions from author Thomas Webb.
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Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Jackson v HM Attorney General [2005] UKHL 56, House of Lords. This case concerned the interpretation of the Parliament Acts 1911 and 1949 and the implications of this interpretation for the relationship between the Houses of Parliament. The case also contained important obiter from the House of Lords on the nature of parliamentary sovereignty. The document also includes supporting commentary and questions from author Thomas Webb.
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This chapter focuses on parliamentary sovereignty. The term ‘parliamentary sovereignty’ is normally defined as the ‘legislative supremacy of Parliament’. Since the constitutional settlement brought about by the Bill of Rights 1689, the UK Parliament has had unchallenged authority to create primary law. Parliament’s legislative supremacy means, therefore, that there is no competing body with equal or greater law-making power and there are no legal limits on Parliament’s legislative competence. Parliament has broad legislative power but cannot make unchangeable statutes, and a current parliament can reverse laws made by a previous parliament. Nobody but Parliament can override Acts of Parliament. The Enrolled Bill rule requires that, if a Bill has passed through the House of Commons and House of Lords and received royal assent, the courts will not enquire into what happened before or during the legislative process.
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This chapter is about delegated legislation, also called ‘subordinate’ and ‘secondary’ legislation. It considers why the constitution allows ministers (part of the executive) to make such legislation and the process by which it is made. It examines a case study on a controversial attempt by the government to abolish numerous institutions through powers conferred by the Public Bodies Act 2011.
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This chapter addresses the Human Rights Act 1998. The Human Rights Act provides two ways for the courts to ensure compliance with Convention rights: where legislation is not human rights-compliant; and where a public authority has acted incompatibly with an individual’s rights. By providing a new benchmark for measuring UK legislation for compatibility with Convention rights, the Act gives judges a powerful interpreting role which effectively allows them to review Acts of Parliament. At the same time, the Act was carefully drafted to respect and preserve parliamentary sovereignty and does not give the UK courts power to invalidate, overrule, or strike down an Act of Parliament that is incompatible with a Convention right; and while the Human Rights Act has special status as a constitutional statute, it is not entrenched and cannot override other statutes.
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This chapter provides an introduction to some of the key concepts, themes, and institutions of the English legal system. It offers an overview that highlights fundamental concepts and principles such as parliamentary supremacy, the rule of law, legislation, the common law, and equity. There is a focus on ensuring you have a firm grasp of terminology and know the differences between the criminal law and civil law. The relationship between the English legal system and the European Union (EU) and the European Convention on Human Rights (ECHR) is also distinguished and explained. In the latter part of the chapter, a summary of the courts, their composition, and their jurisdiction, as well as other legal bodies and personnel in the English legal system, is provided.
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