Parliamentary and European Law Making

• European Convention on Human Rights


  Impact on the legal system of England & Wales
• Main sources of European Law


  • Treaties
  • Directives
  • Regulations
  • Decisions
• Direct applicability


  A provision of EU law immediately becomes part of the law of each member state. National parliaments cannot reject it, nor do they have to do anything to incorporate it.
• Direct effect

  A provision of EU law which creates individual rights enforceable in national courts - two main forms:

  • vertical (against Governments)
  • horizontal (against other individuals and private organisations)
• Indirect effect


  National Courts should interpret national law in accordance with relevant EU legislation
• EU came into being in 1957 by the Treaty of Rome
• The name "European Union" was introduced by the Treaty of European Union in 1993
• There are now 27 member states
• Each of the current member states remain as independent sovereign states but agree to recognise the supremacy of the EU law created by institutions of the EU
• EU member states have also delegated some of their decision-making powers to the EU institutions
• What is Parliament made up of?

  • 3 groups
• Law Reform


  The process of changing or updating laws
• Judicial change - Judges reform the law through case law (Judicial Precedent). They make changes based on the case in front of them and set precedents for the lower courts.
• Debating house made up of elected members

  House of Commons
• Parliamentary change


  • Repeal - getting rid of old, obsolete laws
  • Creation - creating new law (Acts/Statute)
  • Consolidation - bringing together of rules and principles of law in a particular topic to make a single statute
  • Codification - bringing together all the provisions of the statutes into one statute to make it more streamlined and easy to find
• Green paper


  A government consultation document
• Law Commission


  The only full-time law reform body in the UK
• White paper


  A government policy document
• The UK has not done codification with criminal law yet but the law commission have put forward this idea for reform.
• 7 stages of the legislative process


  • First reading
  • Second reading
  • Committee stage
  • Report stage
  • Third reading
  • House of Lords
  • Royal Assent
• Law Commission


  • Independent commission
  • Comprises 5 members from the Judiciary, legal profession and legal academics
  • Chairperson is a High Court Judge
  • Members appointed for 5-year term
  • Assisted by legally qualified civil servants and research assistants
• First opportunity for MPs to debate the proposed bill


  Second reading
• Types of pressure groups


  • Interest groups - organizations that represent specific interests or concerns of a particular group of people
  • Cause groups - advocate for specific social, political or environmental causes
• Law Commission Act 1965


  Established the Law Commission and defined its role
• The UK does not have a written constitution
• Pressure groups


  • Some groups are more effective than others; size helps, but factors such as persistence and headline grabbing can be very helpful
  • Some groups use direct action, which in some cases can be illegal, such as violence or occupying land
• Principles that underpin the UK's unwritten constitution


  • Parliamentary sovereignty
  • The rule of law
  • Separation of powers
• Law Commission's Role


  To review and propose law reforms in order to improve their clarity, simplicity, and effectiveness.
• Arguments for a written constitution


  • Provides a clear statement of rules and principles
  • Accessible for citizens
  • Greater protection of rights and liberties
• Law Commission Act 2009


  Compels government to give reasons why it has not implemented any proposal of the Law Commission
• Arguments against a written constitution


  • Difficult to change
  • Unwritten constitution part of our heritage
  • Unwritten constitution allows flexibility
• The Law Commission can reform law in the same 4 ways as Parliament: statutory reform, consolidation, codification, repeal
• Sovereignty


  Principle of absolute and unlimited power
• An Act of Parliament can completely overrule any custom, judicial precedent, delegated legislation or previous Act of Parliament
• Success of the Law Commission


  • Successful in reforming small areas of law in its first 20 programmes within an average of 2 years
  • 85% success rate of proposals for reform being enacted within 10 years
  • Repealed 2,000 obsolete statutes and partially repealed thousands of others
• MPs are elected by the voters in their constituency in a democratic process, so each MP is participating in the legislative process on behalf of those voters
• 2003 Halliday Review- advisory committee


  Found the main problem was the inability of Government departments to accept reform proposals and make time for discussion in Parliament
• Delegated legislation


  Law created by a body other than Parliament but with the authority of Parliament, as laid down in primary legislation
• Parliamentary sovereignty


  Dicey's principle that Parliament has absolute and unlimited power, and that an Act of Parliament overrules any other source of law
• Act of Parliament (Statute)


  A source of primary legislation that comes from the UK legislature