Parliamentary Law Making (Copy)

Chapter 2: Parliamentary Law Making

Introduction to Parliamentary Sovereignty

• Parliament is the supreme legal authority in the UK.
• It can create or repeal any law and is not bound by its predecessors or external institutions.

Composition of Parliament

• House of Commons:
  • Elected members represent constituencies.
  • Dominates the legislative process.
• House of Lords:
  • Comprised of life peers, bishops, and hereditary peers.
  • Reviews, amends, and provides expertise on legislation.
• The Monarch:
  • Performs a ceremonial role in granting Royal Assent to bills.

Types of Legislation

1. Primary Legislation:
   • Statutes enacted by Parliament.
   • Examples: Equal Pay Act 1970, Human Rights Act 1998.
2. Secondary (Delegated) Legislation:
   • Detailed rules made by authorized bodies under powers granted by primary legislation.
   • Example: Bylaws under the Local Government Act 1972.

Legislative Process

1. Pre-Legislative Stage:
   • Green Papers: Discussion documents inviting feedback.
   • White Papers: Firm proposals for legislation.
2. Stages in Parliament:
   • First Reading: Formal introduction; no debate.
   • Second Reading: Debate on general principles; majority vote required.
   • Committee Stage: Detailed examination by a Public Bill Committee.
   • Report Stage: Further amendments.
   • Third Reading: Final opportunity for scrutiny.
   • House of Lords: Reviews and can suggest amendments but lacks veto power (except under the Parliament Acts of 1911 and 1949).
   • Royal Assent: Formal approval by the monarch; now a formality.
3. Commencement: Implementation date of the Act.

Advantages of Parliamentary Law Making

• Democratic Process:
  • Elected representatives ensure accountability.
• Thorough Review:
  • Multiple readings and stages involve scrutiny.
• Flexibility:
  • Delegated legislation allows adaptation to changing needs.

Disadvantages of Parliamentary Law Making

• Lengthy Process:
  • Time-consuming, especially for urgent matters.
• Potential for Political Bias:
  • Government majority often controls outcomes.
• Complexity:
  • Legal language and layers of legislation can be difficult to understand.

The Rule of Law

• All individuals and institutions are subject to the law.
• Emphasized in cases like Entick v Carrington (1765), protecting individual rights against arbitrary power.

Delegated Legislation

• Created under authority granted by an Enabling Act.
• Examples:
  • Statutory Instruments (used by ministers for regulations).
  • Orders in Council (used in emergencies under the Emergency Powers Act 1920).
  • Bylaws (local authority or corporate regulations).
• Controls on Delegated Legislation:
  • Parliamentary control: Affirmative and negative resolution procedures.
  • Judicial review: Courts can declare ultra vires if powers are exceeded.

Statutory Interpretation and Reform

• Challenges arise from ambiguities in drafted laws.
• Interpretation techniques: Literal rule, golden rule, mischief rule, purposive approach.
• Reform initiatives by the Law Commission streamline outdated laws.

Case Examples in Legislative Impact

• R v Secretary of State for Transport, ex parte Factortame (1990): Illustrated limitations due to EU law before Brexit.
• Pepper v Hart (1993): Allowed use of Hansard in statutory interpretation.

Parliamentary Sovereignty in Practice

• Despite the principle, factors like EU membership (pre-Brexit) and human rights obligations influenced sovereignty.
• Post-Brexit, Parliament regained full legislative authority.

Conclusion

• Parliamentary law-making reflects a balance of democracy, expertise, and scrutiny.
• The process, while robust, faces challenges like delays and political influences.