Drafting & Assent
The rule of law is held supreme in the United Kingdom. In order to reinforce the rule of law, the House of Commons was deemed to be the supreme legislative body in order to uphold the rule of law. The law formulated by the parliament is known as the statutory law. The process by which statutory law is created is divided in to two procedural subdivisions, the pre-parliamentary procedure, and the parliamentary procedure . While it may appear that the pre-parliamentary procedure and the parliamentary procedure are separate and unrelated procedural courses, they are not. Both procedures compliment each other, in that with each stage a definite part of an act’s life is complete.
The pre-parliamentary process is divided in to five distinct steps. These steps may appear to be tedious; however, this is necessary in order to ensure that the laws are passed after thorough consideration . The first step is indecisive as any member of the parliament may present an act for consideration, an example will be the Abortion Act 1967, which presented by David Steel as a Private Member’s Bill. In the normal course of the business of the parliament, the legislative committee decides what laws are to be presented for assent in a parliamentary session. The legislative committee is not the actual legislative body; the function of the legislative committee is to draft the law that is to be presented for assent. The Bill is a rough draft of the law that is to be presented to the parliament for assent. Bills are created on the recommendation of the numerous commissions that operate within the country .
After deciding on the issue with regards to which the law is to be formulated and presented for assent, a Green Paper will be issued. A...
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...s that the House of Commons hold undue power. However, the most complicated impact of the deviation is that fact that the House of Commons can pass major constitutional reforms without the assent of the House of Lords.
Bibliography
Dicey, A. V. (2009). Introduction to the Study of the Law of the Constitution. Read Books.
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Slapper, G., & Kelly, D. (2009). The English Legal System: 2009-2010. Tylor & Francis.
Zander, M. (2004). The law-making process. Cambridge University Press.
Kelly, D., & Gary Slapper, P. (2010). The English Legal System 2010-2011. Tylor & Francis.
Contrasts in the lawmaking methodology utilized as a part of the House and Senate reflect the distinctive size of the two chambers and individual terms of its parts. In the House, the dominant part gathering is inflexibly in control, stacking advisory groups with lion 's share party parts, and utilizing principles to seek after enactment supported by its parts. In the Senate, singular parts are better ready to hold up the procedure, which prompts lower similarity costs, however higher exchange costs. The complication of the lawmaking procedure gives rivals different chances to murder a bill, making a solid predisposition for the present state of affairs.
9. Woodgate, R., Black, A., Biggs, J., Owens, D. (2003). Legal Studies for Queensland, Volume 1, ForthEdition, Legal Eagle Publications: Queensland. 10. Woodgate, R., Black, A., Biggs, J., Owens, D. (2003).
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.
We live in a very diverse society, observance of the rule of law is the best way that can guarantee that our basic human rights are preserved, successful government at home is operating and a fair progress on the international level is maintained. Basic principles of the rule of law go back to Dicey’s theory, which states that there should be an absolute supremacy of regular law, no one should be above the law and that the Constitution is the result of the ordinary law of land. There is no clear meaning of the rule of law; therefore it is essential that the government maintains the basic principles of the rule of law that were established by the philosophers who feared the concentration of power in one’s hands, on order to prevent tyranny. Rule of Law cannot exist without a transparent legal system, the main components of which are a clear set of laws that are freely and easily accessible to all, strong enforcement structures, and an independent judiciary to protect citizens against the arbitrary use of power by the state, individuals or any other organisation. Only if each branch has influence and retraining functions on each other, can the parliamentary machine function properly and give the effect of the rule of law without imposing any tyrannical or arbitrary power by a specific institution, which would infringe the main principles of the rule of law. The issue would arise if there would be very weak separation of powers with a strong concept of parliamentary sovereignty at the same time. The power of judicial review ensures that officials act within the scope of their legal powers and that individuals have an effective way of obtaining remedies if their rights were violated. Although UK is said to have an efficient system of...
... idea of Parliamentary Sovereignty: The Controlling Factor of Legality in the British Constitution’ (2008) OJLS 709.
Abadinsky, Howard. Law and Justice: An Introduction to the American Legal System. 6th ed. Upper Saddle River: Prentice Hall, 2008. Print.
On one hand, political constitutionalists argue that parliamentary sovereignty is the underlying principle in the British constitution as power and law making are bo...
The English legal system is ostensibly embedded on a foundation of a ‘high degree of certainty with adaptability’ based on a steady ‘mode’ of legal reasoning. This rests on four propositions
Rackley, E (2010). In Conversation with Lord Justice Etherton: Revisiting the Case for a More Diverse Judiciary. Public Law
The Jackson and Factortame judgments illustrate the wide variety of diversity in the currently existing opinions regarding the normative values which form the base of the constitutional system of the United Kingdom. The manner in which these norms may be combined together has also been demonstrated. These cases also maintain that the primary authority provided to representative governance as exemplified in the Westminster Parliament would no more be regarded as bestowed. The manner in which judicial restraint is preferred over judicial activism is therefore increasingly being observed.
The extent to which the judiciary and the legislature are able to regulate the exercise of prerogative powers by the executive has increased. However, there are still some who are concerned by the lack of control that can be exerted by the other constitutional bodies. The challenges to the power of the Monarch was by the reign of James I (1603-25) the monarch was faced with an increasingly effective Parliament, culminating in the temporary abolition of the monarchy in (1625). Consequently, the monarchy’s powers were eroded by both revolution and by legal challenges, which included the case of Proclamations (1611), the monarchy could not change the law by proclamation. The law of the land, which required that the law be made by Parliament, limited the prerogative.
United Kingdom is a country with a distinctive set of legal system. It is fairly different from other countries having civil law based legal systems. The legal system in the United Kingdom consists of various sources of law, where other civil law based countries rely only on a written set of law. European influences on the English Legal System came much later in near decades. This essay will aim to examine the development of the English Legal System by reviewing applications of various sources of law in the English Legal System furthermore to discuss the recent European influences on the law of England.
The courts of England and Wales acknowledge that the above must be something of value, in order to amount to consideration. A valuable consideration in the perspective of the English La...
Burns, Julia. "Notes MLA 6318". Church and State in Early Modern England. Fall 2013. Dr. D. David.