Law Making

Overview of the Law Making Process

Law making in the UK follows various stages and involves multiple sources, including:

• Primary legislation - Acts of Parliament and devolved legislation
• Secondary legislation - Statutory Instruments, codes of practice, and regulations
• Case law - judicial decisions and common law

These different sources of law often interact and complement each other, providing a comprehensive legal framework for the UK.

Law Making Process in Parliament

The process of making law in the UK Parliament involves several stages and can be initiated by the government, members of parliament, or members of the house of lords.

1. Introduction and First Reading
2. Second Reading
3. Committee Stage
4. Report Stage
5. Third Reading
6. Consideration in the Other House
7. Royal Assent

During the introduction and first reading, a bill is presented to Parliament without debate.

The second reading is the first opportunity for members of Parliament to debate the general principles of the bill. If it passes the second reading, it moves on to the committee stage, where detailed examination and amendments to the bill take place. In the report stage, the committee reports its findings and any amendments to the full house for further debate.

The third reading is the final opportunity for members to comment on the overall bill before it is passed on to the other house (House of Commons or House of Lords) for consideration. Once both houses agree, the bill is presented for Royal Assent, where it is formally signed into law by the monarch.

Law Making Process in Scotland

Scotland has a devolved system of government, meaning that many areas of law are now dealt with by the Scottish Parliament. The law making process in the Scottish Parliament is similar to that of the UK Parliament, but there are some differences and distinct stages.

1. Introduction
2. Stage 1: General Principles
3. Stage 2: Detailed Consideration
4. Stage 3: Final Stage
5. Royal Assent

During the introduction, a bill is lodged with the Presiding Officer of the Scottish Parliament and published, followed by a brief explanatory document. Members of the Parliament then debate and vote on the general principles of the bill during Stage 1. If the bill is approved, it moves on to Stage 2 where a committee examines the bill's detail and considers any proposed amendments.

Stage 3 involves the final debate and vote on the bill, taking into account any changes made during the previous stages. If the bill is passed by the Scottish Parliament, it is then submitted for Royal Assent and becomes an Act of the Scottish Parliament.

Advantages of Parliamentary Law Making

Parliamentary law making is the process through which bills become Acts of Parliament. The UK legal system benefits from parliamentary law making due to the efficiency, expediency, and democratic accountability it provides, ensuring the creation of laws that reflect societal needs and values.

Efficiency and Expediency

One of the key advantages of parliamentary law making is the ability of Parliament to enact laws quickly and efficiently. The various stages of the law making process, from introduction to Royal Assent, serve to streamline the process while allowing for thorough examination and debate on the bill.

Several factors contribute to the efficiency and expediency of parliamentary law making:

• Government majority: The ruling party or coalition typically holds a majority in the Parliament, which means they can more easily pass new legislation without excessive delays or opposition.
• Parliamentary time: The government controls the Parliamentary timetable and can allocate time to discuss and debate the most important bills, resulting in a more focused legislative process.
• Guillotine motions: The government can also impose time limits on debates through guillotine motions, ensuring that time is used efficiently and preventing debates from becoming unnecessarily protracted.
• Party discipline: Members of Parliament usually vote in line with their party's position, which helps maintain unity within the government and opposition and avoids fragmentation and gridlock.

By streamlining the law making process and minimizing delays, parliamentary law making ensures that crucial legislation can be enacted swiftly and effectively, addressing pressing issues and maintaining the proper functioning of the legal system.

Democratic Accountability

Another significant advantage of parliamentary law making is the democratic accountability it provides. As elected representatives, Members of Parliament (MPs) are beholden to their constituents and have a responsibility to represent the interests and values of the public in the legislative process.

Democratic accountability in parliamentary law making is ensured through various mechanisms:

• Elections: Regular parliamentary elections provide an opportunity for citizens to voice their opinions on the performance of MPs and the government, and to decide which party or parties should be responsible for passing laws.
• Debates and scrutiny: The parliamentary process is designed to encourage active debates, both within the government and opposition parties, as well as between them. This ensures that proposed laws are thoroughly examined and critiqued, leading to stronger and more effective legislation.
• Select committees: These committees consist of cross-party groups of MPs, tasked with scrutinizing specific policy areas, proposed legislation, and the work of government departments. Their reports and recommendations contribute to a more transparent and accountable legislative system.
• Public consultations: During the pre-legislative stage, policy proposals can be subject to public consultations, involving individuals, organizations, and experts, allowing the public to have a say in the drafting of laws and contributing to their improvement.

In essence, democratic accountability ensures that the law making process is transparent, inclusive, and responsive to the needs of the public. This, in turn, fosters trust and respect in the legislative process, leading to laws that accurately represent the collective values and interests of society.

Judicial Involvement in Law Making

While Parliament is responsible for creating and implementing legislation, the judiciary also plays a vital role in shaping the body of law in the UK. Judges have the authority to interpret, clarify, and apply existing laws, as well as establish precedents that can influence future legal decisions and developments.

The Role of Judges

Judges occupy a complex and significant position within the UK legal system, serving as the final arbiter of disputes and safeguarding the rule of law. They are responsible for interpreting and applying legislation, ensuring the effective and fair administration of justice, and protecting the rights and liberties of individuals. Through these responsibilities, judges can have an immense impact on the evolution and application of the country's laws.

The key roles and responsibilities of judges include:

• Interpretation of the law: Judges play a crucial role in determining the meaning and application of statutes, common-law principles, and other legal rules. This involves considering the intentions of Parliament, the principles of natural justice, and established legal doctrines.
• Creation of precedent: In the common-law system, the decisions of higher courts create binding precedents that must be followed by lower courts. When judges hear cases that involve new or uncertain areas of law, they can develop new principles or refine existing ones, thereby shaping the legal landscape for future judgments.
• Control of delegated legislation: Judges possess the power of judicial review, which allows them to scrutinize secondary legislation and, if necessary, declare it invalid if it is found to be ultra vires (beyond the powers) of the body that created it.
• Resolution of disputes: As neutral arbiters, judges are tasked with resolving disputes between parties, ensuring the fair application of the law, and upholding the principles of contract, tort, and property law, among others.
• Protection of individual rights: Judges have a constitutional duty to safeguard the rights and liberties of citizens, particularly in cases involving the Human Rights Act 1998. They can provide remedies for breaches of rights and signal the need for legislative change.

In carrying out these duties, judges contribute to the maintenance of the rule of law and the development of a just and coherent legal system.

Influence on the Law Making Process

Despite their primary role as interpreters and enforcers of the law, judges can exert significant influence on the law making process through their decisions, legal expertise, and advisory capacity. This influence operates both directly, by creating primary case law and enforcing statutory law, and indirectly, by informing the legislative agenda and fostering legal reform.

Key ways in which judges can influence the law making process include:

• Creation of common law: As mentioned earlier, judges can establish binding precedents through their decisions in cases of first impression or where existing rules require modification. These precedents, in turn, become part of the body of common law, which coexists with statutory law to govern the country.
• Interpretation of legislation: The process of statutory interpretation allows judges to clarify and give practical effect to legislative provisions. Their decisions can reveal ambiguities or inconsistencies in laws, prompting Parliament to amend or repeal problematic statutes.
• Enforcement and application of rules: Judges enforce primary and delegated legislation through their judgments, ensuring the effective operation of the legal system. They also possess the power to grant declaratory judgments, which clarify the legal rights and duties arising from a given statute.
• Expert advice and consultation: Judges can offer legal expertise during the drafting of legislation or the consultation stages of law making. Their input can help legislators craft clearer, more effective laws that respond to practical challenges and advance policy goals.
• Initiating legal reform: By highlighting issues or trends in their judgments, judges can signal the need for law reform and shape the legislative agenda. Moreover, the Law Commission, an independent legal advisory body, draws from the expertise of judges and other legal professionals to recommend reforms in various areas of law.

Through these various channels, judges contribute to the continuous improvement and evolution of the country's legal system, ensuring that it remains responsive to both present and emerging societal needs.