The Legislative Process
Role of parliament
- Supreme law-making body in uk
- Only parliament has the right to enact a new law, or change or repeal a law
- Law passed by parliament takes precedence over common law
- Only EU law takes precedence over parliamentary law
Legislative process
- Legislature is the law-making body
o Consists of od HC, HL, monarch
- Legislation has to pass through the HC, HL & receive the royal assent
- Legislative supremacy lies with the HC since the parliament acts 1911 & 1949
o Acts limit power of HL to reject bills
HL can only delay a bill for up to a year; can’t reject money bills
- Queens assent is required but she acts only on the advice of ministers
o Royal assent is a formality
Significance
- Legislation is the most important source of law in the English legal system
- Sometimes what was said about a bill when passing through parliament may be used
by a court to aid interpretation
Types of legislation
- Primary
o Acts of parliament
- Secondary
o Delegated legislation
o Regulations & orders made under authority of an act
- Quasi
o Statements of good practice or guidelines
Primary legislation
- Public bills
o Government sponsored
o Backbench sponsored – private members bills
- Private bills
o Limited in scope
o May apply only to a particular town or institution
- Hybrid bills
o Public bills which affect a particular private interest
Public bills
- Become public general acts when passed
- Apply to those parts of uk identified in the act
- Government bills
- Law reform bills
- Consolidation bills
- Emergencies
o Including unforeseen court decisions
- Essential annual financial bills
Public bill procedure
Role of parliament
- Supreme law-making body in uk
- Only parliament has the right to enact a new law, or change or repeal a law
- Law passed by parliament takes precedence over common law
- Only EU law takes precedence over parliamentary law
Legislative process
- Legislature is the law-making body
o Consists of od HC, HL, monarch
- Legislation has to pass through the HC, HL & receive the royal assent
- Legislative supremacy lies with the HC since the parliament acts 1911 & 1949
o Acts limit power of HL to reject bills
HL can only delay a bill for up to a year; can’t reject money bills
- Queens assent is required but she acts only on the advice of ministers
o Royal assent is a formality
Significance
- Legislation is the most important source of law in the English legal system
- Sometimes what was said about a bill when passing through parliament may be used
by a court to aid interpretation
Types of legislation
- Primary
o Acts of parliament
- Secondary
o Delegated legislation
o Regulations & orders made under authority of an act
- Quasi
o Statements of good practice or guidelines
Primary legislation
- Public bills
o Government sponsored
o Backbench sponsored – private members bills
- Private bills
o Limited in scope
o May apply only to a particular town or institution
- Hybrid bills
o Public bills which affect a particular private interest
Public bills
- Become public general acts when passed
- Apply to those parts of uk identified in the act
- Government bills
- Law reform bills
- Consolidation bills
- Emergencies
o Including unforeseen court decisions
- Essential annual financial bills
Public bill procedure
