An Act of Parliament comes about when a bill is passed by initially the House of Commons and then The House of Lords in various stages. Once the reading stages and the committee stages of the bill are complete in both houses it is finally passed as an Act of Parliament by Royal Assent. An Example of an Act of Parliament is The Suicide Act 1961. ) The highest proportion of legislation is passed by way of Delegated legislation which is where an Act of Parliament is passed that provides the primary framework of the Act, but where the detail is left to a delegated authority or body to supply the relevant technical detail to speed up the process of passing legislation and ensure the relevance.
There are various forms of delegated authorities such as Byelaws, Orders in Council, court rules or professional regulations, such as the Solicitors Regulation authority. ) The Supreme Court of the United Kingdom is the most senior appeal court in the United Kingdom; it deals with all final appeals in civil and criminal cases in the UK with the exception of Scottish criminal cases.
It also has ultimate authority in any matters of devolution. In line with the common law system any decision made by The Supreme Court therefore make that decision mandatory in lower courts such as crown courts or high courts. ) The golden rule of statutory interpretation exists to ensure that when making a decision on how the law was intended a judge can ensure that when taking into account that intention he does not allow there to be a ridiculous outcome. The golden rule of statutory interpretation was use in the case of Adler v George (1964), when otherwise The Official Secrets Act 1920 would have produced an outcome that did not make sense e) A Directive is when legislation is created by the European Union that orders the member states to amend their own legislation to come into line with that of the European Union.
Usually given a certain time frame to implement the change and example of this is The Working Time Regulations 1998 (IS 1998/1833). 2. Law is made in Parliament in various stages, once an idea is developed and the bill drafted, it has its first reading to introduce the bill, the second reading of the bill allows greater information to be shared, it then goes to a committee stage where it can be look at in greater detail. It then goes to report stage and ultimately a third reading in the house. Once all these tages have been completed both in the House of Commons and The House of Lords, it can be given Royal Assent. It then either comes into force that day or on a predetermined date. This complex process of creating laws which does take a lot of time if the accuracy of the information is to be reflected in the bill that is ultimately passed as an Act of Parliament. The fact that there are so many stages however does result in a very exacting Act of Parliament where more often than not the intention of the bill is captured in the final Act.
The House of Commons houses 646 elected members of Parliament who represent the general public and therefore they can reflect public opinion in the laws that are made. This can sometimes be misconstrued however by pressure from the media, and therefore it is often those people or groups with stronger influence over the media who will often bring pressure to bear and affect which laws get passed. Because elected officers make up the House of Commons it does not always mean they do what the public want because ultimately they will have their own political agenda.
An example where both of these disadvantages came into play was the ban on fox hunting. Which despite it being part of the original manifesto for Labour had to gain significant public momentum before pressure was brought to bear. In essence the length of time that it takes to produce an Act of Parliament does mean that there is greater accuracy but these delays can be used to the advantage of the Government’s own agenda. 3. In the United Kingdom we operate a system of precedent. This means that when a law is developed it then falls to a judge presiding to apply the relevant Act of Parliament in the way that he believes the law was intended.
The system we use in the UK was defined in 1066 when it became so that all laws created by a single judge became “common” throughout all parts of the country. This essentially means that when one judge interprets the law in a certain way dependant on the level of the court at which he presides, once this precedent is set then all other judges in the judiciary should follow his ruling. However case law can only be determined in the higher courts and all other courts lower or equal to that court then have to abide by that ruling.
The way that a judge interprets the Act of Parliament is by way of statutory interpretation. Essentially this means that he interprets the legislation by using certain rules to guide him such as the Golden rule which we have previously discussed, the mischief rule which gives the judge greater flexibility to cover a point that was intended to be covered by the act but because of an error in wording may not be, such as the Danger Dogs Act 1991 when the use of the word “type of dog” did not necessary mean the breed.
This is also reflective in the purposive approach which is where a judge can fill a gap by an old law when some might be using that gap to their own advantage. The judge in this basis may determine that ‘mens rea’ applies whereby; someone has a guilty mind when carrying out the act. This can be a good system because all judges will then interpret the law in the same way and therefore in the way it was intended, however by using the Doctrine of precedent this means that once a ruling is made all other judges have to abide by that ruling.
Rulings can only be over turned by the Supreme Court which is the highest court by way of an appeal process. [1112 words] Reference List The Working Time Regulations 1998 (SI 1998/1833). W100 Assessment Guide Part 1 2012, Open University The Official Secrets Act 1920 The Suicide Act 1961. The Dangerous Dogs Act 1991
Cite this Acts of Parliament
Acts of Parliament. (2016, Sep 23). Retrieved from https://graduateway.com/acts-of-parliament/