ETMA02 | March 22
Personal Identifier: C2507317 | James Delaney |
Q1 Explain the Different Sources of Law in England Using Examples from Block 1 of W100
Laws are official codes which have the backing of state powers of enforcement and sanctions, the major sources of law in England are the Westminster Parliament, Common Law, and the European Union and the European Court of Human Rights.
Laws made by Parliament are called Acts of Parliament and can be also known as statutes or primary legislation. In England, Parliament consists of the House of Commons which is elected by the public and the House of Lords which consists of life Peers, elected hereditary Peers and Bishops. An Act of Parliament originates as a Bill which is a proposal for a new piece of legislation and can come from a number of sources. A Bill may start in either the House of Commons or the House of Lords (with the exception of Finance Bills). In order for a Bill to become an Act of Parliament it must go through a number of stages including the first reading, second reading, committee stage, report stage, third reading, either the House of Lords or the House of Commons depending where is originated and finally Royal Assent which is when the Monarch formally agrees to a Bill in order for it to pass into law.
Delegated legislation, often referred to as secondary legislation, is law made by a body to which Parliament has delegated the necessary authority. Because of its volume this is an extremely important source of legislation and includes Statutory Instruments, Byelaws, Orders in Council, Professional Regulations and Court Rules. Delegated legislation is far more flexible and faster to introduce than an Act of Parliament which is advantageous when emergencies or unforeseen circumstances require laws to be changed although can be viewed as some as disadvantageous as it challenges the role of Parliament as the main law-making body.
The English legal system is often...