Lecture 3: The Legislative Process and How to Read a Statute

Question 1

What are the various sources of law in the UK?

Answer 1

• Statute Law (Acts of Parliament and Statutory Instruments)
• Common Law
• EU Law
• ‘Soft’ law – ‘quasi-legislation’ – circulars, codes of practice, guidelines, e.g. Criminal Procedure Rules

Question 2

What is statute law?

Answer 2

Acts of Parliament

Question 3

Public Bills:

Answer 3

Introduced by Government as part of its programme of legislation

Government departments, advisory committees, political reaction to unforeseen events

Resulting in Public General Acts

Question 4

Private Bills:

Answer 4

Introduced for the benefit of particular individuals, groups of people, institutions, locality e.g. Haberdashers’ Aske’s Charity Act 2016

Question 5

Hybrid Bills:

Answer 5

“A public bill which affects a private interest in a different way to private interests of other bodies or persons in the same category or class”

Of national importance, located in a local area, e.g. High Speed Rail (London - West Midlands) Act 2017

Question 6

Private Members’ Bills:

Answer 6

Non-government bills (public, private or hybrid) that are introduced by private members of parliament (anyone within parliament who is not a minister), .e.g. Hunting Act 2004

Question 7

The ‘Queen in Parliament’:

Answer 7

Statute Law enacted by ‘the Queen in Parliament’

Question 8

Three component elements of statue law:

Answer 8

1. House of Commons
2. House of Lords
3. Royal Assent - When do statutes become law?

Question 9

Status of Statute Law:

Answer 9

The highest form of law in the UK in the absence of a ‘codified’ constitution

The UK has no entrenched constitution;
UK Parliament is free to enact any legislation it wishes

In theory, Parliament is free to enact any legislation it wishes, however outrageous

Question 10

Constitutions:

Answer 10

Codified and Uncodified

Question 11

Codified Constitutions:

Answer 11

Written in one document e.g. US

Question 12

Uncodified Constitutions:

Answer 12

Written in different sources, such as statutes e.g. UK

Question 13

Parliamentary Sovereignty:

Answer 13

Albert Venn Dicey (1835-1922): “Parliament can make or unmake any law it chooses”

Glorious Revolution 1688 led to Parliamentary Sovereignty 1689

Question 14

Validity of Statutes:

Answer 14

No court can strike down a statute as void

Question 15

Political Considerations:

Answer 15

Electoral system = first past the post

Absence of need for coalitions in UK politics

Government control of House of Commons through voting majority

Question 16

Volume of Legislation:

Answer 16

Large volume of legislation makes effective Parliamentary scrutiny very difficult

Parliament consents to legislation ‘on behalf of the people’

Political point scoring

Question 17

Why bring forward a Bill?

Answer 17

Interest groups

Manifesto pledge

Government departments and civil service

Question 18

Parliamentary Stages – House of Commons

Answer 18

Bill listed in Queen’s speech

First Reading – Pure Formality

Second Reading – Debate on general principles + policy

Standing Committee stage – Detailed consideration clause by clause

Report + Third Reading

Joint Committee on Human Rights

Government majority

Question 19

Parliamentary Stages – House of Lords

Answer 19

House of Lords – paradox – non-elected chamber – no democratic legitimacy – no overall majority for one party in Lords – unpredictability of House of Lords – independent members

Similar stages to House of Commons (Committee stage on floor of Chamber)

Key role of Lords as revising chamber – only occasionally reject Bills

Limited powers of Lords – power of delay only under Parliament Act 1949

Question 20

Importance of Statute Law:

Answer 20

Statute Law = most significant source of law

Vast majority of government functions carries out on basis of statutory powers – welfare state

Parliamentary procedures for scrutiny of government’s legislative proposals seriously flawed

Question 21

Delegated (Secondary) legislation:

Answer 21

Statutory Instruments

By-Laws (Local Government Act 1972)

Rules Committees (Civil, Criminal and Family)

Orders in Council (Privy Council)

Can be changed by Judiciary and can be struck down – ultra vires: authority can be questioned by the courts

Secondary legislation can be struck down, primary legislation cannot

Question 22

The Structure of a UK Act of Parliament:

Answer 22

Short title, chapter number and arrangement of sections

Long title and preamble

Enacting formula

Sections, Sub-sections, Paragraphs, sub-paragraphs

Marginal Notes

Interpretation sections

Repeals and amendments

Transitional Provisions

Commencement Provisions

Short Title Provision, Extent Provisions and Schedules