Legislation Legislation can be divided into primary legislation and secondary legislation. Primary legislation is law enacted by the Parliament. A statute is also known as an Act of Parliament or legislation. It should be noted that many lawyers and judges use these words interchangeably. Under the British constitution, the power to enact, revoke and alter laws is vested in the Parliament and it is recognised that this power is supreme. Even the Human Rights Act 1998 reaffirms this fact . Furthermore, where statue law provides a remedy that conflict with a common law remedy, the citizen is expected to ignore the common law remedy . This was supported by the law lords in the case of R V Goldstein, R V Rimmington (2005). Parliament consists of three bodies which all play a role in the process of creating laws. Firstly, there is a House of Commons which consists of 650 Members of Parliament elected by the people. The upper chamber of Parliament is called the House of Lords with roughly 800 unelected Law Lords seating. The final element is the monarch whose role is to grant the Royal Assent to give laws effect. Any legislative proposal is known as a Bill before its enactment and every Bill must gain the approval of both Houses of Parliament as well as receive the Royal Assent before it is considered as an Act of Parliament. A Bill starts life in the House of Commons where it is subject to the parliamentary process before enactment. The critical stage is the committee stage where severe scrutiny of the Bill is conducted. This is where the workings and mechanisms of the Bill will be analysed. When all these stages are completed, the Bill is sent to the House of Lords for its consideration. As both Houses must approve of the Bill, an... ... middle of paper ... ...uthorities by enacting Acts which confers its powers. There are three types of delegated legislation. Orders in Council are made by the Privy Council whose job nowadays only includes the administration and supervision of Commonwealth countries. Ministers also may have the authority to pass delegated legislation in the form of statutory instruments but each Minister only exercise this power in their own department. Under the Legislative and Regulatory Reform Act 2006, government ministers are given the power to make any provisions to remove or reduce any burdens caused by legislation. However, closer scrutiny may indicate that Ministers are interfering with the enactment of law and are consequently very powerful. Lastly, secondary legislation can also come in the form of bylaws which are made by local authorities and can range from rubbish collection to tax levels.
Legislation and the Common law are not separate and independent sources of law. They exist in a symbiotic relationship. Symbiotic relationship refers to the two different sources of legal norms that provide the sum of rules establish system as a whole. (Brodie v Singleton Shire Council (2001) 206 CLR 512, 532 [31])
Many operate under the principle referred to as the law of the land, which especially true of England and the Netherlands. This concept finds its basis on the ideas of the elected parliament as to their declarations of the precepts of the law as they view it. This particular reasoning evolved via the death of Charles Stuart, the king of England, upon his execution on January 30th, 1649. As a result, of the execution, England had no central ruler and the constituents of the House of Commons began the duty of transforming the government. Because the House of Lords opposed the trial of the tyrannical king, the House of Commons declared itself the ruling body negating any power the House of Lords possessed and thus, abolishing it. Consequently, the House of Commons maintained that it would become their responsibility to protect not only the liberty, but also the safe being, and the interest of the public at large, thus Parliament came into being (Lee, n.d.). Furthermore, they mandated that a single person having sole power presented a danger to the whole of the public welfare and the monarchy existence was figuratively only. Because of these acts, with the abolishment of the House of Lords and the monarchy as such, a contingency of forty-one members comprising the Council of State became the ruling authority establishing the laws of the
Common Law vs. Political Law vs. Scientific Law Americans are no longer aware that there are two kinds of legal systems, political and scientific. America was founded on principles of scientific law. But these principles have now been submerged in today's legal system. What is taught today as law is political law. To understand the difference between a scientific legal system and a political one, it is necessary to know that scientific law developed in the absence of any legislature or Congress or Parliament whatever.
The procedure for approving a bill and making it a law involves many steps. The following description is a short summary from “How Our Laws are Made”, an in depth description of the legislative process that can found on the website of the Library of Congress. After a bill is drafted, a member...
The legislative branch is responsible for making laws and includes Congress, the Senate and the House of Representatives. The Senate has 100 members, two from each state. The house of representatives is made up of 435 members, and the larger the population of the state is, the more representatives it will have. The House and the Senate are also known as Congressional Chambers, and they both have particular exclusive powers. The consent of both chambers is required to pass any legislation. But it can only become law if it is signed by the President. The President has the power to veto a bill though, which will deny the legislation and kick the bill back to Congress. It may then only be passed if 2/3 of both houses of Congress vote to pass the bill.
Congress and The Presidency Congress as a whole makes laws. When Bills are addressed they must meet the approval of both the House and the Senate in order to become a Law, and then the President can always veto it. Congress also deals with matters of public concern be it something that needs to be investigated or something that needs to be put before the public to raise awareness. Congress is made up of two parts: The Senate and the House of Representatives. Each is granted different powers and responsibilities.
English philosopher John Locke viewed the power of the legislature as the most basic and important branch of government. The theory behind the legislature is that it will enact laws that will allocate values for society. The legislature works to makes laws, educate, represent, supervise, and make criticisms of the government. Most of the work of the United States Legislature is done in committee, where the real power of the legislature is held. Most legislation originates in governmental departments and agencies. In committees, a majority vote decides and often, compromise must be reached in order for a bill or law to survive committee action. This frequently requires that a delegate alter his position in order to achieve a compromise. This compromise may or may not reflect the wishes of the people he/she represents.
Before there is a law, there is a bill – and bills have many phases to pass through before these may become laws. The course materials of week three point out that a bill can originate in the House of Representatives or in the Senate – but different versions of the same bill could begin simultaneously in both chambers of Congress (Unit 3 the Congress, 9). It is possible for the President – or someone else – to write a bill, but a member of Congress must introduce the legislation through sponsorship. New bills receive a number and receive assignment to the committee best suited to examine the bill. Project Vote Smart reveals “Bills may be referred to more than one committee and it may be split so that parts are sent to different committees” (Project Vote Smart 2010). If the bill passes through the committee – or committees – the bill may get a new number before passing on to floor action. But it is not necessary for the bill to receive a new number. The foregoing stages describe the initial actions of the Legislative branch in the procedure of a bill becoming law.
Parliamentary sovereignty, a core principle of the UK's constitution, essentially states that the Parliament is the ultimate legal authority, which possesses the power to create, modify or end any law. The judiciary cannot question its legislative competence, and a Parliament is not bound by former legislative provisions of earlier Parliaments. The ‘rule of law’ on the other hand, is a constitutional doctrine which primarily governs the operation of the legal system and the manner in which the powers of the state are exercised. However, since the Parliament is capable of making any law whatsoever, the concept of the rule of law poses a contradiction to the principle of parliamentary supremacy, entailing that Parliament is not bound by the Rule of Law, and it can exercise power arbitrarily.
Exploring To Which Extent the Parliament is Supreme There are two sides to this argument, one obviously defending that Parliament is Supreme in the law making process, and has utmost authority, the other stating the constraints on Parliament and there it is not supreme. Within Britain, parliament is the supreme law making body. The idea behind this is that the people select parliament and, therefore, the people make the law. We describe this as PARLIAMENTARY SOVEREIGNITY, That is to say that Parliament is the highest power in the land, and shall not be challenged. An example that shows parliamentary supremacy is Cheney .vs.
... a very strong separation between Executive and Legislature, and the Judiciary – Members of Parliament and Government ministers cannot sit in the Judiciary and interpret the law. There is not, however, such a strict separation between the Executive and the Legislature, as the Executive sits in Parliament as well.
The Legislative Branch consists of Congress, which is made up of two parts; The House of Representatives and the Senate. These two parts of Congress was a result of the 1789 Compromise between the Virginia Plan and the New Jersey Plan. The Virginia Plan was about states wanted more representation in Congress because they were bigger states. From that plan the New Jersey Plan was brought forth. The New Jersey Plan basically said was smaller and bigger states should have equal power in Congress, so the bigger states don’t overpower the smaller states. In 1789 the solution came, with Great Compromise that took parts of both plans and used it. As part of the Virginia plan the House of Representatives was created, that gave representation in congress by state size. The New Jersey Plan helped create the Senate that gave equal representation of two members per state. These two groups help create Congress that shares the same process; of creating laws.
First, in the long process of a bill becoming a law is introducing a bill. After someone from Congress in either chamber has come up with an idea for a bill they must introduce it. For members of the House of Representatives this is easy. All they have to do is put their idea in a mahogany box at the front of the chamber called the hopper. Now for a Senator to introduce a bill they must either hand it to the clerk of the Senate or they must talk about it in a presentation to their peers in a floor speech. Sometimes though Senators can cut down this process by adding their bill as an amendment to legislation that is already being processed. This saves them a lot of time. Also, new ideas for bills are labeled depending on what chamber they come from. Bills from the house will always be labeled with an H.R. with its number behind it. Well bills from the Senate will always be labeled with an S. followed by its number.
The rule of law is thought to be one of the most fundamental doctrines of the constitution of the whole of the United Kingdom. The distinctive UK‘s constitution has influences previously on the judicial system too. Government and the legal systems in history have both been involved in rules and discretion and most of all the elimination of all discretionary power in which both of these are impossible and unwanted. The rule of law means in one sense, government by the law but obviously government is by the people as well as by the law. As soon as the governing people are added in, the government can’t then be by law on there own. Although the situation is not undoubtedly as the making of particular laws can be guided by open and relatively stable general laws that have been made. For the Rule of Law to have meaning in a democratic society, it has to mean that those who run it have comply with it for it to work; there must be no room for an “ends justifies the means”
Law is a tool in society as it helps to maintain social control, promoting social justice. The way law functions in society and its social institution provide a mechanism for solutions. There are many different theories of the function of law in relation to society in considering the insight they bring to different socio-legal and criminological problems. In the discussion of law’s role in social theory, Leon Petrażycki and Eugen Ehrlich share similar beliefs in the jurisprudence of society. They focused their work on the experience of individuals in establishing meaning in their legal relations with others based on the question of what it means to be a participant in law. Jürgen Habermas presents a relationship between law and morality. From a certain standpoint, law is a key steering mechanism in society as it plays an educational role in promoting conducts, a mean of communication and it