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  • Essay / Sources of Law - 668

    LegislationLegislation can be divided into primary legislation and secondary legislation. Primary legislation is a law enacted by Parliament. An Act 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 rests with Parliament and it is recognized that this power is supreme. Even the Human Rights Act of 1998 reaffirms this fact. Furthermore, when the law provides for a remedy that conflicts with a common law remedy, the citizen is expected to ignore the common law remedy. This idea was supported by the law lords in the case of RV Goldstein, RV Rimmington (2005). Parliament is made up of three bodies, all of which play a role in the law-making process. First, there is a House of Commons made up of 650 MPs elected by the people. The upper house of Parliament is called the House of Lords and has 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 is enacted into law and every Bill must obtain the approval of both Houses of Parliament as well as receive Royal Assent before it is considered an Act of Parliament. A bill comes to life in the House of Commons where it goes through the parliamentary process before being promulgated. The critical stage is at committee, where careful review of the bill is carried out. This is where the workings and mechanisms of the bill will be analyzed. When all these steps are completed, the bill is sent to the House of Lords for consideration. As both houses must approve the bill, a...... middle of paper ......authorities in enacting laws that give it its powers. There are three types of delegated legislation. Decrees are made by the Privy Council whose work today only includes the administration and supervision of Commonwealth countries. Ministers may also have the power to make delegated laws in the form of statutory instruments, but each minister only exercises this power within their own ministry. Under the Law and Regulatory Reform Act 2006, government ministers have the power to make arrangements to remove or reduce burdens imposed by legislation. However, a closer look may indicate that the ministers interfere with the enactment of laws and are therefore very powerful. Finally, secondary legislation can also take the form of regulations adopted by local authorities and range from garbage collection to tax levels..