Business Law 1 Lecture Two Sources of Law - Legislation

Content of this class Sources of Law Sources of Law Defining Legislation Defining Legislation Parliamentary Sovereignty Parliamentary Sovereignty Legislative Process Legislative Process Types of Statute Types of Statute Delegated Legislation Delegated Legislation

Sources of Law 1. Legislation 2. Case Law 3. European Union (EU) Law

Defining Key Terms Parliament Parliament House of Lords House of Lords House of Commons House of Commons Government Government Cabinet Cabinet

Legislation Statutes Created when Parliament acts together to make law – also called Acts of Parliament. Delegated Legislation Binding rules and regulations made by someone other than parliament, where Parliament has delegated its authority.

Parliamentary Sovereignty Parliament is the highest law-maker in the UK Parliament is the highest law-maker in the UK It can make any law it chooses It can make any law it chooses Statutes cannot be challenged in UK courts Statutes cannot be challenged in UK courts Pickin v British Railways Board (1974) Factortame v SS for transport (No 2) (1991)

Proposing New Law Government Consultation Government Consultation –Green Papers –White papers Private Member’s Bill Private Member’s Bill –E.g. Hunting Act 2004

Bill to Act (1) House of Commons House of Commons –First Reading –Second Reading –Committee stage –Report stage –Third Reading

Bill to Act (2) House of Lords House of Lords –Similar procedure to that in the Commons –Lords may refuse to approve to the Bill –Parliament Acts 1911 and 1949 House of Commons House of Commons Royal Assent Royal Assent Comes into force on date specified Comes into force on date specified

Types of Statute Public Public Private Private Enabling Enabling Consolidating Consolidating Codifying Codifying Amending Amending

Delegated Legislation Statutory Instruments Statutory Instruments –Rules made using power delegated through specific enabling Acts. Orders in Council Orders in Council –Privy Council –Tends to deal with emergency situations Bye-Laws Bye-Laws

Controlling delegated power Parliament Parliament –Requiring a positive or a negative Resolution from one or both Houses of Parliament Judicial Control Judicial Control –‘Judicial Review’ of law which is made beyond the power delegated

Advantages of delegation Time saved Time saved Access to specialist knowledge Access to specialist knowledge Flexibility Flexibility