Sources of Law 2 This semester we will be studying English civil law. Today I will give an introduction to the English legal system and to the system of common law.

Legislation Primary legislation = statutes = Acts of Parliament There are two types of legislation Primary legislation = statutes = Acts of Parliament Debated on and passed by Parliament

Acts of Parliament Government bills The Government decides to pass (=enact) a new piece of legislation The bill is drafted… …and introduced to Parliament by a government minister > the First Reading Private members’ bills Before an Act becomes law, it is a bill. Most bills are Government bills These happen when The Government decides to pass (=enact) a new piece of legislation to implement government policy >Q eg to honour a manifesto promise (= le programme électoral) to comply with EU or international law to consolidate existing case law and legislation The bill is drafted… …and introduced to Parliament by a government minister. This is called the First Reading This stage is a formality. The bill is announced but not debated.. A bill can also be introduced by an MP or member of the House of Lords who is not part of the gov – these are called? Private Members Bills > rarely result in legilation unless they have govt support

vote on whether the bill should continue The Committee Stage The Second Reading: MPs debate the main issues flag up any concerns vote on whether the bill should continue The Committee Stage Committee members examine the bill line by line propose amendments to improve it The minister explains the bill, and MPs debate the main issues and agree on the main purpose of the bill MPs can also flag up any concerns – (things they are worried about) which may lead to amendments vote on whether the bill should continue The Committee Stage Here the bill is examined by a Committee - a smaller group of MPs – the Committee members - scrutinize the bill line by line and propose amendments to improve it. Can hear evidence from external experts, charities and campaign groups.

debate the amended bill propose further amendments Third reading Report stage MPs debate the amended bill propose further amendments Third reading A short debate, followed by a vote to approve or reject the bill. > the House of Lords debate the amended bill propose futher amendments This is MPs last chance to change the bill If they approve the bill it will go to the House of Lords > where it will go through essentially the same stages (some minor differences, you don’t need to know them) The bill then goes to the House of Lords, where there is a similar procedure, except there is always a committee of the whole house (all Lords are involved in the Committee stage) amendments can be added at the Third Reading

Agreement on the final wording of the bill The House of Commons must accept any amendments made by the House of Lords (and vice versa) Parliamentary ping pong Royal assent When the HoL has voted on the bill, it goes back to the HOC so that they can vote on any amendments made. The House of Commons must accept any amendments made by the House of Lords (and vice versa) If the HOC amend the amendments, the bill must go back to the HOL for those changes to be approved. This can lead to Parliamentary ping pong > bill batted between the two houses In very rare situations, the House of Commons is able to pass a bill without the consent of the Lords. When agreement has been reached, the monarch will give Royal Assent – this is a formality The last monarch to refuse to give the royal assent was to a bill, was Queen Anne in 1707. Bill becomes law > becomes an act Peers can delay a bill, which may kill it if a general election is then called. (This happened in 2001 with a bill to ban fox hunting). However, the Lords power to stop a public bill is limited by - the Parliament Acts 1911 and 1949 which state that if a bill is passed by Parliament in two successive Parliamentary sessions and rejected by the Lords both times, it can then be sent for Royal Assent. The Hunting Act 2004 (which banned foxhunting) was passed in this way. (Money bills can only be delayed for one month). - the Salisbury Convention which states that the Lords should not vote against a govt manifesto commitment

Delegated legislation = secondary legislation A government minister or other body is given the power (in an Act of Parliament) to enact statutory instruments or regulations in a particular area. Delegated legislation = secondary legislation Government ministers or other bodies are given power in an Act of Parliament to create statutory instruments, or regulations relating to a specific area. These are generally specialised laws which are related to the administration of government and allow the implementation of primary legislation. Why? Saves time for Parliament, allows experts to contribute if the area is very complex and technical, allows flexibility – easier to update a SI than to amend or repeal legislation.

Custom Established rights or practices which apply only in a defined locality. A custom must fulfil stringent conditions in order to be legally enforceable Established rights or practices which apply only in a defined locality. Examples: right of way (un droit de passage) , right to play sports on a village green A custom must meet/fulfil stringent conditions in order to be legally enforceable Look at page 22 A practice that has been followed in a particular locality in such circumstances that it is to be accepted as part of the law of that locality. In order to be recognized as customary law it must be reasonable in nature and it must have been followed continuously, and as if it were a right, since the beginning of legal memory (ie, since the year 1189).

E.U. law If there is a conflict between EU law and UK law… …EU law prevails / takes precedence (as established by Costa V ENEL 1964) See more about this in the next chapter Talk about ECHR in the next chapter