Primary and secondary legislation
English Legal System Assignment 1: Essay
Question 1
In order for society to function smoothly certain guidelines need to be put in place and throughout England the standards need to be upheld. These set of boundaries are also known as ‘The Law’ and this system is vital to ensure English citizens are protected as well as aware of their rights. English law is made up of several different forms of law these include legislative sources (primary legislation: Acts of parliament, Delegated legislation and European legislation) and judicial sources (common law and equity). Primary Legislation is a term used for all the proposals passed by parliament to become law. The process starts with a bill which can be presented in the House of Commons or the House of Lords. The Bill then goes through a process shown by the diagram below:
(Parliament, 2013)
The first stage of the process is known as the first reading, this consists of a member or the lords reading out the long title of the bill. The second reading is the MP’s first opportunity to put forward their arguments regarding the bill, it is at this stage the bill is scrutinised in detail. The next stage is the committee stage, this gives an opening for any amendments to be made before the report stage where the bill is presented once more in the house for any further final amendments, once the committee has accepted. The third and final reading is the last opportunity for any further debate regarding the bill although no amendments can be made it is up to the house to make a decision to approve.
If the proposal began at the house of lords it is then passed to the house of commons and vice versa and goes through the same process before the final ‘Consideration for amendments’ were the first party gets to consider any amendments suggested by the second party. The Queen giving her royal assent is the final formality before a bill becomes an act of parliament.
Secondary Legislation is a chance for the government to
Question 1
In order for society to function smoothly certain guidelines need to be put in place and throughout England the standards need to be upheld. These set of boundaries are also known as ‘The Law’ and this system is vital to ensure English citizens are protected as well as aware of their rights. English law is made up of several different forms of law these include legislative sources (primary legislation: Acts of parliament, Delegated legislation and European legislation) and judicial sources (common law and equity). Primary Legislation is a term used for all the proposals passed by parliament to become law. The process starts with a bill which can be presented in the House of Commons or the House of Lords. The Bill then goes through a process shown by the diagram below:
(Parliament, 2013)
The first stage of the process is known as the first reading, this consists of a member or the lords reading out the long title of the bill. The second reading is the MP’s first opportunity to put forward their arguments regarding the bill, it is at this stage the bill is scrutinised in detail. The next stage is the committee stage, this gives an opening for any amendments to be made before the report stage where the bill is presented once more in the house for any further final amendments, once the committee has accepted. The third and final reading is the last opportunity for any further debate regarding the bill although no amendments can be made it is up to the house to make a decision to approve.
If the proposal began at the house of lords it is then passed to the house of commons and vice versa and goes through the same process before the final ‘Consideration for amendments’ were the first party gets to consider any amendments suggested by the second party. The Queen giving her royal assent is the final formality before a bill becomes an act of parliament.
Secondary Legislation is a chance for the government to