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SOURCES OF LAW: LEGISLATION

SOURCES OF LAW: LEGISLATION. HOW ARE THE LAWS MADE IN THE UK?. PREDOMINANT SOURCES OF LAW IN THE UK ARE:. PRIMARY LEGISLATION – known as Acts of parliament or statutes (they begin life as drafts called BILLS SECONDARY OR DELEGATED LEGISLATION –

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SOURCES OF LAW: LEGISLATION

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  1. SOURCES OF LAW: LEGISLATION

  2. HOW ARE THE LAWS • MADE IN THE UK?

  3. PREDOMINANT SOURCES OF LAW • IN THE UK ARE: • PRIMARY LEGISLATION – known as Acts of parliament or statutes (they begin life as drafts called BILLS • SECONDARY OR DELEGATED LEGISLATION – • For example statutory instruments, bye laws • and professional regulations

  4. WHY IS A NEW ACT PASSED? • TO UPDATE OR AMEND EXISTING LEGISLATION • LEGISLATE FOR NEW CIRCUMSTANCES AND ENFORCE GOVERNMENT POLICIES • ENSURE UK COMPLIANCE WITH INTERNATIONAL OR EUROPEAN UNION LAW • CONSOLIDATE LAWS – PUT TOGETHER ALL EXISTING STATUTES INTO ONE ON THE SPECIAL TOPIC • CODIFY RULES BY BRINGING TOGETHER ALL THE CASE LAW AND STATUTES ON A PARTICULAR SUBJECT WHERE THE PRINCIPLES ARE ESTABLISHED

  5. Parliament can enact any law or repeal obsolete laws which are no longer relevant and the courts must enforce it. • EXCEPTION TO THIS IS EUROPEAN UNION LAW

  6. Act of Parliament and Bill are always capitalised in legal usage. • statute is not. • Statutory instruments are delegated legislation made by government ministers. • Bye-laws are made by Local Governments or public body.

  7. Early development of a Bill. • Government can initiate a consultative process by the publication of a GREEN PAPER • IN GREEN PAPER- there are proposals at early stage with the intention to attract public response and comment. • Government WHITE PAPERS - contain more definite proposals , often published with following discussion with pressure groups, professional bodies or voluntary organisations

  8. A BILL does not have to be preceded by WHITE OR GREEN PAPER • It can be presented for public • scrutiny – examination in draft form earlier

  9. PASSING AN ACT • All Acts must be submitted to both Houses of parliament in the draft form of a Bill. • There are three readings in both houses : • Title is read to MPs • Members of Parliament debate proposals. • Standing comitee scrutinises the provisions in the Bill. They report to MPs. • The Bill is re-presented.

  10. The actual drafting of the legislation is done by Parliamentary council. • Bill must recieve Royal assent from the monarch before it becomes law on a specific date. Queen Elisabeth II will only formally read short title of an Act in both Houses.

  11. EXERCISES

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