Define Parliamentary Sovereignty ...
Parliament is the highest source of law
Parliament can make or change any law it wants
What goes against the UK's Parliamentary Sovereignty?
EU law - Factortame
Human Rights Law - HRA 1998
What are laws made by Parliament known as?
Acts of Parliament
What 3 bodies make up Parliament?
House of Lords
House of Commons
The Crown (Queen) - Royal Assent
Name and explain the 3 different types of Bill
Public Bill: Affects the general public and apply to the country as a whole, put forward by Government departments
Private Members Bill: Introduced into Parliament by induvidual back bench MP's who are not part of Government - Draw attention to issues
Private Bills: Usually proposed by a local authority, public corporation or large public company e.g. To build a road or a bridge
List the legislative process...
- Before introduction of a Bill there must be...
Green Paper - setting out proposals + inviting comments
White Paper - Follows the responses + More detailed proposals
- House of Commons
Committee stage READ READ STAGE STAGE READ
- House of Lords
Similar process to HOC
Why do we need Law reform?
To keep the law up to date with the modern society/
Ensure all law complies with a modern society
Who changes our law?
Parliament - (Through the Legislative process)
Judges through case law
Case example Fitzpatrick V Sterling Housing Agency - HOL reversed the desicon of the County Court and the Court of Appeal
Who or what influences changes in our law?
- Law Commission
- Pressure groups - Greenpeace
- Royal Commissioners
- Public inquries
- Other temporary enquries - Lord Woolf's review of the Civil Justice system
- Judges opnions through judgements
When was the Commission set up and who sits in it?
The Commission was set up under the Law Commissions Act 1965
(Full time permenant body)
5 Commissioners - High court judge, Barrister, Solicitor and 2 legal executives
What is the Commissions role?
- Codify law
- Remove anomolies
- Repeal obsolete law
- consolidate the law
- Simplify and modernise the law
Who refers projects to the Commission?
- Lord Chancellor
- Government departments
- Law Commission can decide on projects itself
What is the process with the project?
- Find an area of the law that has problems
- Consulation paper will be posted asking for comments
- Finally the Commission will draw up a report making reccomendations for change
- A draft Bill is proposed if the legislation is proposed
- It is then up to Government to decide whether or not to introduce the Bill as an Act of Parliament
Name some successes and failures of the Law Commis
Repealed thousands of obselete laws
The Statute Repeals Act in 2008 led to 260 full Acts and parts of a further 68 to be repealed
- Failure to codify - Set out to codify Family law, contract law and Landlord and Tenant law but abandoned them
- Attempt to codify Criminal Law was too ambitious and complex - failed
- Only one third of the Commissions projects are implemented
What are Pressure groups?
Groups that will use various methods to influence Parliament to change the law on a particular area - Influencing change
Methods can include - Petitions, demonstrations and strikes
Name an example of a pressure group - Greenpeace (worldy issues)