Acts of Parliament (or statutes) are the form of primary legislation that is the law enacted by the Queen in Parliament (Keenan, Riches and Allen 2011, p. 15). In addition, legislation is one of the main sources of English law today. This essay is mainly about basic knowledge of primary legislation and my understanding of its superiority and limitations. This essay will introduce how an Act of Parliament is created, followed by disclosing the reasons. Next, it will explore the advantages and disadvantages of primary legislation compared to secondary legislation and common law.
The legislative process of making statutes
The parliamentary procedure is summarised by UK Parliament (n.d.) as follows. ‘An Act is a Bill approved by both the House of Commons and the House of Lords and formally agreed by the reigning monarch (known as Royal Assent).’ As is outlined by Adams (2012, p. 34), the prescribed procedure is long and complicated. First, there is a pre-legislative stage before the Bill 's journey in Parliament starts. A Green Paper is usually issued as the discussion paper including schemes for new legislation and relevant interest group may be conferred with. Following this, A Green Paper is set out, which is concerned with details of proposed legislation along with explanations of what it intends to achieve. At that time, the government Bill enters upon a new phase.
When it comes to the Parliamentary procedure, most Bills are initially dealt with by the Home of Commons and then pass to the Home of Lords through the same processes. While a Money Bill must originate in the Commons (Keenan, Riches and Allen 2011, p. 20). The first stage is the introduction and first reading, which is to publish the Bill and put forward the date of the second reading.
During the second reading, the minister (or MP) describes the intention of the Bill. After that, a full debate on its general principles follows carries out and the relevant shadow minister is responsible
References: ADAMS, A., 2012. Law for Business Students. 7th ed. Essex: Pearson Education Limited GIFFORD, D.J., and SALTER, J., 1996. HOW TO UNDERSTAND AN ACT OF PARLIAMENT. London: Kelandon Pty Ltd KEENAN, M., RICHES, S., and ALLEN, V., 2011.Keenan and Riches’BUSINESS LAW. 10th ed. Essex: Pearson Education Limited MACINTYRE, E., 2012. Business Law. 6th ed. Essex: Pearson Education Limited UK Parliament, n.d. Acts [online]. Available at: <http://www.parliament.uk/about/how/laws/acts/> [Assessed 2 March 2013] UK Parliament, n.d. Delegated legislation [online]. Available at: <http://www.parliament.uk/about/how/laws/delegated/> [Assessed 2 March 2013]