Topic > Sources of law - 668

Legislation Legislation can be divided into primary law and secondary law. Primary legislation is the law made by 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 make, revoke and amend laws is vested in Parliament and this power is recognized as supreme. The Human Rights Act 1998 also reaffirms this fact. Furthermore, where state law provides a remedy that conflicts with a common law remedy, the citizen is expected to ignore the common law remedy. This was supported by law lords in the case of RV Goldstein, RV Rimmington (2005). Parliament is made up of three bodies which all play a role in the law-making process. Firstly, there is a House of Commons made up of 650 popularly elected Members of Parliament. The upper house of Parliament is called the House of Lords and is home to around 800 unelected Law Lords. The final element is the monarch whose role is to grant royal assent to give effect to laws. Any legislative proposal is known as a bill before it comes into force and every bill must obtain the approval of both Houses of Parliament and receive royal assent before being considered an Act of Parliament. A bill begins its life in the House of Commons where it is subject to the parliamentary process before enactment. The critical stage is the committee stage where a strict examination of the bill is conducted. Here the functioning and mechanisms of the bill will be analyzed. Once all these stages are completed, the bill is sent to the House of Lords for consideration. Since both Houses must approve the bill, a... means of paper... the authorities issue acts granting it powers. There are three types of delegated legislation. Orders in Council are issued by the Privy Council whose work nowadays includes only the administration and supervision of Commonwealth countries. Ministers may also have the power to pass delegated legislation in the form of statutory instruments, but each minister exercises this power only in his or her own department. Under the Law and Regulatory Reform Act 2006, Government Ministers have the power to take any action to remove or reduce burdens caused by legislation. However, closer examination may indicate that ministers are interfering with the implementation of the law and are consequently very powerful. Finally, secondary legislation can also take the form of regulations issued by local authorities and range from waste collection to tax levels..