Unit 2 Sources of law: legislation
A Background to making new law
How are laws made in the UK?
The predominant sources of law in the United Kingdom are;
•primary legislation, known as Actsof Parliament or statutes,which begin life as drafts called Bills(see Вand Сbelow);
•secondary or delegated legislation,such as statutory instruments,bye-laws,and professional regulations.
A new Act is passed in order to:
•update or amendexisting legislation;
•legislate for new circumstances and enforcegovernment policies;
ensure UK compliance with International or European Union (EU) Law;
•consolidate laws by bringing together into one statute all the existing statutes on one topic;
•codify rules by bringing together all thecase law and statutes on a particular subject where the principles are established.
Parliament can enact anylaw it chooses orrepeal obsolete laws which are no longer relevant, and the courts must enforce it. The exception to this is EU law.
Note: Act of Parliament and Bill are always capitalised in legal usage; statute is not. Statutory instruments are delegated legislation created by government ministers.Bye-lawsare made by Local Government or public bodies.
BrE: an Act; AmE: a Bill
B Early development of a Bill
The government may proceed to initiate a consultative process by the publication of a Green Paper in which itsproposals areset out at an early stage with the intention of attracting public response and comment. The government's White Papers contain their more definite proposals, although these are often published following consultation or discussion with pressure groups, professional bodies, orvoluntary organisations. A Bill does not have to be preceded by a White or Green paper, although it may have been presented forpublic scrutiny, that is, examination, in draft form earlier.
C Passing an Act
All Acts must be submitted to both Houses of Parliament in the draft form of a Bill. The legislative process involves three readings in both Houses. At the first reading, the title is read to Members of Parliament (MPs); at the second reading, MPs debate proposals. Then a standing committee willscrutinise the provisions in the Bill and may amend it to ensure that itenshrines the principles debated andapproved at the second reading. This is reported back to MPs. At the third reading, the Bill isre-presented. The Bill then goes through readings in the upper house. The actual drafting of the legislation is undertaken by Parliamentary Counsel. Finally, a Bill must receive Royal Assent from the monarch before it becomes law on a specified date. In fact, this stage has been reduced to a formal reading of the short title of an Act in both Houses of Parliament and is now a formality.
Government Bills are introduced by the Government; Private Members Billsare proposedby MPs. Both methods may result in Public Acts that govern the general public. Private Actsaffect particular individuals or institutions.
