Public | Constitutions
Source: Legislation
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Introduction
- Parliament's role in creating legislation been expanding since 1688
- increase reflection of more complex society
Classification
- two types: Acts of Parliament and delegated legislation
Acts of Parliament
- Parliament is supreme law making body in the UK
- Acts of Parliament are
primary legislation
- can create institutions and delegate powers to make the more detailed rules
- formal stages required to create an Act and different types of Acts
Delegated Legislation
- through
enabling act
orparent act
Parliament delegates powers to other persons or bodies - known as
subordinate
orsecondary legislation
- Orders in Council: drafted by Government, formally signed by Privy Council and Monarch
- can be used to transfer responsibilities between Government departments, dissolving Parliament, compliance with EU directives and in national emergency
- statutory instruments: made by Government Ministers within the area of their responsibility, used to update laws
- By laws: made by local authorities and public bodies and confirmed by the appropriate Ministe, apply only to a local authority area or public body
- 2011: 3133 statutory instruments introduced compared to just 30 Acts of Parliament
- debate whether delegated legislation is subjected to adequate scrutiny before becoming law
Key Legislation
- although UK has unwritten constitution many Acts of Parliament a have particular constitutional significance
Magna Carta 1215
- early and symbolic piece of legislation
- limits the powers of a Monarch and sets out criteria for basis of consent make to laws
- embodies important individual freedoms, such as right to trial by jury
Bill of Rights 1689
- political contract between Parliament and Monarchy which asserts Parliament supremacy
- took away Monarch's ability to suspend Acts of Parliament
- requires free Parliamentary elections and guarantees members' right to freedom of speech
Act of Settlement 1701
- recognises importance of judicial independence by providing security of tenure for senior judges
- alters rules of succession to the throne: preventing Catholics from succeeding and giving precedence to male heirs
Acts of Union 1706–7
- united England and Scotland under a single Parliament of Great Britain
- preserved the separate Scottish church and legal system
Parliament Acts 1911 and 1949
- codified convention that House of Lords is ultimately subordinate to democratically elected House of Commons
European Communities Act 1972
- incorporated EU Law into UK domestic law
- important part of the debate on the limitations of Parliamentary Sovereignty
Devolution Acts
- Scotland Act 1998, Wales Act 1998 and Northern Ireland Act 1998
- set up a devolved system of government
- established the Scottish Parliament and Assemblies in Wales and Northern Ireland
Human Rights Act 1998
- incorporates European Convention on Human Rights into UK domestic law
- provides extended protection of human rights: all legislation must be compatible and allows citizens to raise alleged breaches before domestic courts
Constitutional Reform Act 2005
- codified a greater separation of powers
- enshrined judicial independence through reform of the role of Lord Chancellor, creation of new Supreme Court and Judicial Appointments Commission