Lecture 3: The Legislative Process and How to Read a Statute Flashcards
What are the various sources of law in the UK?
- 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
What is statute law?
Acts of Parliament
Public Bills:
Introduced by Government as part of its programme of legislation
Government departments, advisory committees, political reaction to unforeseen events
Resulting in Public General Acts
Private Bills:
Introduced for the benefit of particular individuals, groups of people, institutions, locality e.g. Haberdashers’ Aske’s Charity Act 2016
Hybrid Bills:
“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
Private Members’ Bills:
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
The ‘Queen in Parliament’:
Statute Law enacted by ‘the Queen in Parliament’
Three component elements of statue law:
- House of Commons
- House of Lords
- Royal Assent - When do statutes become law?
Status of Statute Law:
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
Constitutions:
Codified and Uncodified
Codified Constitutions:
Written in one document e.g. US
Uncodified Constitutions:
Written in different sources, such as statutes e.g. UK
Parliamentary Sovereignty:
Albert Venn Dicey (1835-1922): “Parliament can make or unmake any law it chooses”
Glorious Revolution 1688 led to Parliamentary Sovereignty 1689
Validity of Statutes:
No court can strike down a statute as void
Political Considerations:
Electoral system = first past the post
Absence of need for coalitions in UK politics
Government control of House of Commons through voting majority
Volume of Legislation:
Large volume of legislation makes effective Parliamentary scrutiny very difficult
Parliament consents to legislation ‘on behalf of the people’
Political point scoring
Why bring forward a Bill?
Interest groups
Manifesto pledge
Government departments and civil service
Parliamentary Stages – House of Commons
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
Parliamentary Stages – House of Lords
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
Importance of Statute Law:
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
Delegated (Secondary) legislation:
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
The Structure of a UK Act of Parliament:
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
