Lecture notes
Legislation and Statutory Interpretation
- Module
- English Legal System
- Institution
- University Of Sussex (UoS)
Legislation and Statutory Interpretation
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Legislation as a Source of LawIntroduction
Statute/Legislation/Acts of Parliament are the laws passed by parliament.
Legislation is a primary source of law. It is now the main source of law in the
jurisdiction.
The United Kingdom is a monarchy and the formal head of state is the Queen.
All legislation therefore needs approval (in theory) by the Queen - Royal Assent.
Parliamentary Sovereignty.
We say that Parliament is sovereign.
Parliament can introduce legislation in any area/field.
Theoretically, there are no limits to the power of Parliament – can legislate on
anything.
Before an Act becomes law, it is known as a Bill (draft law).
Jurisdictional/Geographical Extent
Some Bills/Acts introduced by Parliament apply to the whole of the UK.
The majority of Bills/Acts only apply to England and Wales.
Devolution.
Law-making powers in some areas rests with the Scottish Parliament, the Welsh
Assembly and the Northern Ireland Assembly, rather than the UK Parliament.
Is it a Democratic Process or Not?
There is a legislative process for making laws and there are a number of steps to go
through before a Bill becomes an Act of Parliament.
Given these stages, there is an effective level of scrutiny – and that this is a good
thing in a democratic society, a necessary thing and fundamental to the Rule of Law.
Many would argue that the parliamentary procedures for scrutiny of government’s
legislative proposals are seriously flawed.
If there is a majority government, party members are expected to vote along party
lines.
Houses of Parliament
, Both houses need to agree on a law before getting approval from the Queen.
House of Commons.
Members are voted for by the public.
Each region in the country has a Member of Parliament (MP) to represent them.
Where the Prime Minister and advisors work, as well as members of opposition.
Government and opposition meet to debate political issues and discuss proposals of
new laws.
Responsible for making decisions about money (House of Lords can discuss changes
and suggest alterations, but can’t block them).
House of Lords.
780 members that are not voted for by the public.
Sometimes a status as a Lord can be inherited, while others are specially chosen by
the Prime Minister, and appointed by the Queen, because they are experts in their
field (e.g. Lord Alan Sugar).
Debates new laws proposed by MPs, and makes suggestions about changes to laws.
Suggestions have to go back to the House of Commons to be discussed.
Many believe that the House of Lords should be removed.
Separation of Powers
Monarch (non-political).
Legislature.
House of Commons (political).
House of Lords (semi-political).
Executive.
Prime Minister and Cabinet (political).
Ministers and Civil Service (non-political).
Judiciary.
Supreme Court.
Court of Appeal.
Public, Private, Hybrid, Consolidating Bills/Acts
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