Sources of Law
Question 1: Explain the different sources of Law in England.
The legal system in the UK has expanded over many centuries and has also changed regularly during this period.
The present UK law consists of four major sources that include the Interpretation of Statues (Acts of Parliament), Common Law, European law and European Court of Human Rights. ‘These sources of Law have all one common element, influenced by political, social and technological change.’ (Open University, Block 1, Pg 89).
This essay will focus on two sources of law, Statue Law and Common Law -
Statue Law is made by Parliament, i.e. the House of Commons, the House of Lords and the Monarch.
Proposals for legislation 'Bills' are presented to debate by and voted upon by the House of Common and the House of Lords, finally receiving the assent of the Monarch and thus becoming Acts (Statutes) of Parliament. ‘Acts of Parliament can originate from a number of sources; for example a national emergency, crisis or development.’ The Anti Terrorism, Crime and Security Act 2001. This Act was introduced after the terrorist attacks on New York and Washington on 11th September 2001’.
Another source may derive from ‘Private Member’s Bill’ members of parliament have the authority to introduce their own legislations, an example being ‘The Marriage Act 1994’ this legislation allows people to marry in any registered place other than a Registry Office or religious building’.(Open University, Block 1, Pg 96 and 98).
Parliament also has the authority to delegate the task of making laws to someone else this is referred to as ‘delegated legislation’ an example of delegated legislation ‘Byelaws’. Byelaws can be created by councils/local authorities where there is no ‘general legislation’ in place, a typical ‘byelaw’ would be the Greater London Authority Act 1999, section 385(1) this ‘byelaw’ was created to secure the proper management and preservation of Trafalgar Square and Parliament Square Garden
The legal system in the UK has expanded over many centuries and has also changed regularly during this period.
The present UK law consists of four major sources that include the Interpretation of Statues (Acts of Parliament), Common Law, European law and European Court of Human Rights. ‘These sources of Law have all one common element, influenced by political, social and technological change.’ (Open University, Block 1, Pg 89).
This essay will focus on two sources of law, Statue Law and Common Law -
Statue Law is made by Parliament, i.e. the House of Commons, the House of Lords and the Monarch.
Proposals for legislation 'Bills' are presented to debate by and voted upon by the House of Common and the House of Lords, finally receiving the assent of the Monarch and thus becoming Acts (Statutes) of Parliament. ‘Acts of Parliament can originate from a number of sources; for example a national emergency, crisis or development.’ The Anti Terrorism, Crime and Security Act 2001. This Act was introduced after the terrorist attacks on New York and Washington on 11th September 2001’.
Another source may derive from ‘Private Member’s Bill’ members of parliament have the authority to introduce their own legislations, an example being ‘The Marriage Act 1994’ this legislation allows people to marry in any registered place other than a Registry Office or religious building’.(Open University, Block 1, Pg 96 and 98).
Parliament also has the authority to delegate the task of making laws to someone else this is referred to as ‘delegated legislation’ an example of delegated legislation ‘Byelaws’. Byelaws can be created by councils/local authorities where there is no ‘general legislation’ in place, a typical ‘byelaw’ would be the Greater London Authority Act 1999, section 385(1) this ‘byelaw’ was created to secure the proper management and preservation of Trafalgar Square and Parliament Square Garden