THE ENGLISH Legislation
Before one considers what laws are and how they are introduced right into a society or a circumstance, it is vital to think about…
WHY WE HAVE LAW
People’s behaviour, sometimes, may result in generally undesirable outcomes, injurious to one or even more others physically or as repugnant. Folks have sought to ascertain some rules, allow the smooth functioning from the societies where they live, of a kind that themselves can sanction to avoid chaos.
WHAT ARE LAWS
The group of rules that regulate behaviour are laws; and those that regulate human behavior in manners they can be legally sanctioned if breached are men’s Legal Laws.
The ought to be the first step toward such rules, the extent in the limitations on man’s actions, who and just how make the decision and organize them, apply the sanctions -with what safeguards against injustice in addition to being defined by whom and how, and also the development of society -necessitating variations of these, and other such considerations, are essentially, also section of Law.
There’s been the Authoritarian View -that law’s intention ought to be to prevent wickedness, along with the moral welfare in the society; there may be the Libertarian View -that private morality and immorality is your business and not of law: e.g., the Misrepresentations Act 1967.
The essence LAW
The Libertarian view continues to be mostly preferred, aiming to ensure a couple of things:-
1. Primarily, with minimum conflict with natural law, rules for the survival with the society (e.g. regarding murder, theft -mostly criminal as the name indicated), against human greed and aggression.
2. Secondarily, to create allowance for growth, and complex situations through…
a. A system of adjudication for that settling of e.g. mercantile disputes
b. A method of who and how to customize the rules whenever necessary
c. A process of recognition in the primary rules themselves as legal rules.
In the non-complex society an elected body should make, and publicize, and sanction, above all, Criminal Law (rules intended primarily to get a simple society with a unity of purpose which is, most importantly, survival -regarded as being best ensured by considering it most crucial the norm mustn’t be
deviated from, to enable cohesion and solidarity).
In the complex society there being no unity of purpose along with the emphasis due to being on the interdependency of the members in the society, deviance wouldn’t be the most important consideration, along with the purpose and the function associated with a law would be, chiefly, between conflicting individual interests, to keep up a good balance, mostly by Civil Law -for which reason in e.g. European Law the interests of the people are paramount to people of the state.
Classification of English Law can be as being, both, suffering from, and incorporating simply -and increasingly, international law; it consists of…
INTERNATIONAL LAW and NATIONAL LAW
Britain must respect and match the expectations of assorted international agreements inside the use of its laws -whether binding into it you aren’t, to keep up its political standing among other countries; and, often, such expectations are met by its own, voluntary, incorporating of these laws into English law. This is accomplished, mostly, like a condition of its membership in the European Union, as and when it is directed by Europe -as regarding the degree of its water-purity and also the European directive regarding a typical common to all member states of it, in addition to being in the case of the desire to treat as binding on itself e.g. the Single European Act 1986.
National Law, however, is the fact that and that is made by hawaii, for that state, as well as in Britain by its Parliament, intended, within the state, in this instance within Britain alone -with variations for Scotland and Northern Ireland, to be sure the non-anarchic organizing and running of the society, in respects from a smaller amount of consequence to people fundamental, increasingly as written-law, as:-
PRIVATE LAW and PUBLIC LAW
Private Law regulates the dealings of the individuals collectively within the state, under such headings as:-
Family Law, Tort, Property Law, Commercial Law
Family Law is a good example in the laws in this category; it deals with matters between individuals for instance marriage, divorce, and matters arising as related rights -such because custody of youngsters, e.g. the household Law Reform Act 1969.
Tort or Torts -as some choose to it is known as (from the French word meaning wrong, or wrongs), is the private individual’s right -if without financial help from your state s/he can, not to be civilly wronged by another, sometimes by a company, in respects not contractual, sometimes including including, using a very fine distinguishing line, may miss being criminal ~e.g. negligence, or the Occupiers’ Liability Act 1957.
Property Law, also called Land Law, relates to matters of property, for instance land that used is certainly personal -although ‘all land is among the Crown’, and including matters of dispute over minerals under it and banking center, in addition to dwellings into it and fittings, often dealt with by the Courts of Chancery -e.g., the Law of Property Act 1925.
Commercial Law includes laws of major importance within the dealings of people with others, such as:-
Mercantile Law, Consumer Law, along with the Law of Contracts
Mercantile Law will be the original body of laws that governed commercial dealings ~it am called since it involved dealings of merchants collectively. Because it developed, it concerned itself also with dealings between merchants as well as the consumer, as well as the occasional agreements between your individuals -which later grew into separate laws themselves. Almost exclusively, it handles such matters as competition between traders, trademarks and patents, and e.g., bills of exchange beneath the Bills of Exchange Act 1982.
Consumer Law is from laws-merchant; it regulates the dealings of those with merchants concerning, e.g., the product quality, and return, of goods purchased, deeming existent a collective contract relating to the consumers and any trader, as with the Sale of products Act 1977(as amended).
Contract Law is around the, definitely not regular, agreements of individuals with others, on specific terms offered and accepted (unless under duress or by coercion), intending it to be legally binding, for consideration frequently, e.g., under the Misrepresentations Act 1967.
This branch of the law governs the relationships between your state as well as other states, and involving the individual as well as the state, under such major headings as:-
Constitutional Law, Administrative Law, Criminal Law
Constitutional Law is approximately the system, the framework, of who and the way, and exactly how arrive at, govern, by which laws how made and applied, because state; e.g., the Parliaments Acts 1911, 1914.
Administrative Law defines and controls the limits of government, mostly protecting against absolute power, enabling complaints and appeals from the state -e.g., a person’s Right Act 1998.
Criminal Law regulates such conduct of people similar to regarded being from the society, actionably, punishably, by the state; e.g. Offences Against the Person Act 1861.
The gap BETWEEN PUBLIC AND PRIVATE LAW
The differences are, mainly, these:-
Public Law are the type types of law, including Administrative, Constitutional, Criminal, which entail the conduct from the state in terms of itself, maybe in regards to society generally, through one or more individuals, or conduct of the baby contrary to the society -mostly through a number of other individuals, in representing the society.
Private Law, i.e., Family, Tort, Property, Commercial -with its branches, chiefly, involves the state as only the arbitrator in personal or collective dealings relating to the individuals.
The real difference BETWEEN CRIMINAL LAW AND CIVIL LAW
When it is CRIMINAL LAW…
1. It is Public Law
2. It really is relating to the state and the individual or organization
3. The state of hawaii (Crown Prosecution Service) complains, prosecutes)
4. It’s registered as R -v- name from the accused (R = Rex/Regina -the monarch)
5. Proof may be the states, beyond doubt
6. It’s handled by Magistrates, or by Crown Court
7. It is Not Guilty or Guilty and also a Sentence -imprisonment/community-service/fine and trial costs unless on legal assistance
Whether it is CIVIL LAW…
1. It’s Private Law
2. Its is between individual/s and/or organization/s
3. The individual/s or the organization sues
4. It can be Complainant (plaintiff) -v- Defendant (their names)
5. Proof is on a balance of probabilities
6. It really is dealt with by a County Court or perhaps the High Court
7. It is just a Judgment along with the winner is awarded treatment and, normally, costs
THE LEGISLATIVE PROCESS IN ENGLAND
The Sources of English Law
Main sources of law in England are:-
1. Legislation -including Delegated Legislation…
2. Precedent (Judge-made law) -which mostly consists of the Laws of England and Wales in addition to being (differently) applied in Northern Ireland (the basis being same in the slightly differing Scottish Law -and in the laws of countless countries in the British Commonwealth)…
3. Eu Law -which is increasingly becoming the major way to obtain English Law (expecting compliance with also the ecu Convention on Human Rights -the enhanced version with the Universal Promise of Human Rights) -e.g., a persons Rights Act 1998 (implemented in 2000) included in English and Great britain law.
The Legislator, may be the Parliament.
The Parliament is the House of Commons, and, the House of Lords -with the Monarch.
The House of Commons are the elected representatives ~mostly from political parties -with committees and ‘whips’ (who deal, mostly, using the discipline of the members). By “the supremacy of Parliament”, the truth is, is meant the ‘supremacy’ with this House -since the Parliament Acts 1911 & 1949 it might bypass the House of Lords, and, since Queen Anne, in 1707, conventionally, to each and every Act of computer the Monarch always assents.
The House of Lords will be the unelected representatives, so knighted from the Monarch, some as Hereditary Lords (the eldest son inherits the title) and several increasingly as Life Peers -almost always upon the recommendation in the political parties themselves; the numbers were limited of these with voting rights from the government at the beginning of the Modern day and its particular members have been considered that needs to be selected with a panel appointed by government. Its Directly to Veto the Commons have been, since 1911, inconsequential, and since 1949 in just a year invalid -it serves in essence as being a chamber of second opinion and its decisions usually are not binding for the House of Commons and occasionally have not been followed.
The Monarch, since 1707, might not veto Parliamentary Legislation; but, must formally assent with it -although she won’t personally sign it, before it could become legislation.
Legislation is a law, by means of a Statute. It’s formally enacted -or made, by or through the authority of the Parliament, effective when assented to, being an Act of Parliament.
Acts of Parliament, ‘Statutes’ are laws, created by the Parliament, and comprise also of less important law, using the authority of the Parliament, as Delegated Legislation.
Delegated Legislation enables the management of major Legislation by the Legislator -Health & Safety Act 1974, the COSSH Regulations 1988.
Statutory Instruments with the Executive’s ministers, through other bodies, make effective such Legislation as about protection, transport, and as about social-security and taxation.
Orders in Council are through the Monarch with all the Privy Council, within the of emergency -also on appeal from some Commonwealth countries.
By-Laws are manufactured, mostly, by Local Councils (Town Halls as, or in, County Halls) -by locally and independently elected town or county mayors and councilors with expertise in their individual districts.
What’s so great about delegating legislation is it enables not waste time, expertise, and flexibility; the disadvantages are that it gives wide powers to generate laws without debate and which may not be the maximum amount of publicized since the Acts of Parliament themselves and as much recognized to the general public.
A Bill can be a proposed legislation normally producing an Act of Parliament -it normally starts with one or another type of Bill being introduced.
Varieties of Bills
The a Bill is dependent upon who propose the legislation -as follows…
Public Bills by government, proposing legislation affecting the united states all together -were so introduced the Criminal Disorder Act 1998, and, the Access to Justice Act 1999.
Private Member’s Bills by members of Parliament, which can be of national effect -the Arbitration Act 1967, the Disability Discrimination Act 1996, both, began so.
Private Bills by individuals, by having a person in Parliament, affecting fewer -such a bill proposed the University College London Act 1996.
A Bill, with slightly variations determined by its type, before becoming Law, goes thru many stages.
Stages of a Bill
The Stages of a Bill are, sometimes strictly, with adherence setting procedures, Readings, at both House of Commons as well as the House of Lords:-
The First Reading involves formally, mostly, Naming into your market, having its date, and making available printed copies from it, normally, without, or very little, debate into it…
The other Reading involves Explaining the Bill -debating its general principles, and voting on it…
The Committee Stage necessitates the political parties, that happen to be represented proportionately, putting forward their views -or expert opinion being obtained on it; and also at the Report Stage your home being informed of such as well as the Bill being voted on.
‘Division’ sometimes takes place concerning how to vote on the Bill among the Members of Parliament, then when so, an Eight-Minute Break is allowed them and their Party Whips to debate it and select how to vote into it.
The Third Reading, usually, is, with any verbal amendments towards the Bill, the last vote.
This process is followed by each of the homes of Parliament, apart from Bills may begin not on the House of Lords if they’re regarding such matters as taxation.
The Royal Assent involves the Signing of your Bill which includes been subject to most of its previous stages successfully, by the Monarch ~but the Monarch will not need to, and does not, personally sign it -conventionally, the Monarch will not refuse; and, unless stated that it’ll become so from a time interval, from then on a Bill becomes formally an Act of Parliament, Law which in turn authorizes delegated legislation too.
It can be considered essential to inform people of the laws proposed in addition to the laws made, this also is done, at different stages, through publishing a White Paper, an eco-friendly Paper, plus a Statute -delegated legislation also being produced in printed form publicly published.
These procedures may be confusing: e.g., section 6 of Employment Protection (Consolidation) Act 1985 was a Bill introduced to intended to be of psychological effect only and never of any legal effect before passing all its stages and becoming Law.
JUDGE MADE LAW
Precedent, briefly. Britain, unlike the us along with the European countries, lacking a Written Constitution, Codes of Law enacted with the representatives of the people, English Law is based on Common Law -judge-made law ~judges interpret and (also in those criminal cases when it is increasingly considered from the government that will not sit juries) apply legislation.
Where ‘Written Law’ -an Act of Parliament, does exists, they are doing so under Rules formulated with the English Courts, for instance:-
The Literal Rule -where a legal court does not take into account the written law to require judicial interpretation, literally using words from the Statute…
The Golden Rule -if they look at the literary meaning being, e.g., absurd of any Written Law, interpreting it as being they might consider not perverse.
The Mischief Rule -if a legal court considers it should interpret the purpose of the written law -the Intentions of Parliament, that they do underneath the Interpretations Act 1889 -barring mention of the Hansard (a state transcript of words spoken in the Parliament -placed rolling around in its library).
These Rules are often confusingly stated, and in regards to appeals, e.g. from cases under the Sex Discrimination Act 1975, its is stated that “no issue of law arises when the Tribunal simply misunderstood or misapplied the facts” -following experience of precedent that an issue of law arises if your decision is “inconsistent with the evidence”.
A determination, in English Law, consists of two parts, the ‘Ratio Decidendi’, and also the ‘Obiter Dicta’ -the former being Precedent, the binding part, which sets out what the Principle is ~the latter being things said incidentally -which are certainly not binding but may be persuasive.
Before late 1990′s English courts and tribunals didn’t must give reasons for their decisions, including in civil cases by which juries usually do not normally sit in great britan -European Law now requires these to achieve this, often if in a specific period of time ask for this.
The Principle, unless ‘distinguished’ becomes ‘Precedent’ binding on all lower courts, as well as in true in the Court of Appeal also on itself.
Precedent are reported through the Incorporated Council of Law Reporting in the Weekly Law Reports (WLR) officially, and privately in e.g., the All England Law Reports (AELR).
Precedent, to all intents and purposes, is Law until it is reversed with a higher national Court or by the European Court, or becomes obsolete by an action of Parliament, or by Eu Law.
Judge-made Law is considered mainly to offer the benefit of being not rigid and enabling for changes more quickly than it parliament to ensure they are -its disadvantage is regarded as to become that unlike like the truth of Codes it is law which is not by elected representatives of individuals.
The Presumption in the Supremacy of the British Parliament according of English Law is, briefly, based on the Monarch will no longer refusing to provide assent with a Bill passed from the Parliament, as well as that of Precedent finding myself line with the Intentions of Parliament.
The Inconsistency of these presumption have been proposed about the fact of the European Law (such as the decisions from the European Court and of its ‘national branches’ that are empowered to declare any law made by the British Parliament ‘not law’ and of no legal effect where oahu is the view of Europe that Britain ought to not have this kind of law -e.g., given that it contravenes the Articles of the European Convention on Human Rights) being binding around the Uk Government and on its Courts -as on other member states from it.
Laws inside the Eu states continue increasingly and rapidly to improve in the course of commonization of numerous laws, along with Britain, in a limited time of the Department of Constitutional Affairs being created besides the Lord Chancellor’s Department, and a Ministry of Justice was added -it is wise when it could rather be of consequence to always ascertain what current laws are.