1.1 Law-making

Question 1

Name the 3-arms of UK law and their role.

Answer 1

LEGISLATURE – makes the law (parliament)

EXECUTIVE – enforces the law (courts)

JUDICIARY – apply and interpret the law (judges)

Question 2

What is an Act of Parliament - with 3 examples.

Answer 2

Acts of Parliament
All Acts of Parliament start off as Bills:

Public Bills: Matters of public policy which will affect either the whole country or a large section of it – most government Bills fall into this category.
Example: Constitutional Reform Act 2005.

Private Members’ Bills: Introduced by an MP after winning a ballot.
Example: Abortion Act 1967.

Private Bills: Affects individuals or corporations only.
Example: University College London Act 1996.

Question 3

Describe how a bill is formed.

Answer 3

1) First reading
2) Second reading
3) Committee stage
4) Report stage
5) Third reading
6) House of Lords
7) Royal Assent

Question 4

First reading

Answer 4

Title of Bill read out, acts as notification to the HofC.

Question 5

Second reading

Answer 5

Main debating stage where all MPs can discuss the bill, ask questions and vote on it

Question 6

Committee stage

Answer 6

Small Group of MP’s Look at the bill in detail. Amendments are made clause by clause.

Question 7

Report stage

Answer 7

Amendments made during Committee stage are reported to the HofC and MP’s vote on these amendments.

Question 8

Third reading

Answer 8

Overall consideration of the bill and final vote on whether it proceeds.

Question 9

House of Lords

Answer 9

The Bill then goes to HofL where is goes through a similar process. If the HofL alters anything it goes back to the HofC. It may go back and forth. This is known as ping-pong.

Question 10

Royal Assent

Answer 10

The King signs-off the bill as a new law (Act of Parliament)

Question 11

House of Lords Definition of parliamentary sovereignty and what are some threats to parliamentary sovereignty?

Answer 11

Parliamentary Sovereignty – A V Dicey – Parliament has absolute and unlimited power to make or unmake any law.

Threats to Parliamentary Sovereignty: Membership of the EU, Human Rights Act 1998, Devolution

Question 12

Is there a written constitution?

Answer 12

No
There is no single legal document that sets out the fundamental laws of how the state works

We rely on 3 principles:
* PS - Parliamentary Supremacy
* RofL - The Rule of Law
* SofP - Separation of Powers

Question 13

What do we mean by the term parliamentary sovereignty?

Answer 13

Sovereignty is the principle of ABSOLUTE and UNLIMITED power.

An Act of Parliament can completely overrule any custom, judicial precedent, delegated legislation or previous Act of Parliament.

Question 14

What is Dicey’s theory of parliamentary sovereignty?

Answer 14

• Parliament is sovereign and can unmake any law on any subject without legal constraints - even if people don’t like the law the courts would still have to uphold them
• No parliament can bind another.
• No act can be challenged by a court, nor its validity questioned.
• No other arm of the state can overrule an act of parliament. BUT judicial review allows the actions of ministers (or others) to be challenged in the High Court

Question 15

How does EU law erode parliamentary sovereignty?

Answer 15

Prior to 2016, EU law overrode any UK law however the 2016 Brexit referendum means this is not technically the case but it still does influence our laws.

HRA 1998 – Under Section 3 of the HRA, judges have to interpret every act of parliament in a way that upholds human rights.

• Under Section 4 if the law abuses human rights they have to declare it incompatible and send it back to parliament
• Incorporated ECHR into British law so cases can go to British court rather than ECHR

Question 16

What is the primary source of European Union law?

Answer 16

Treaties
* Highest source of EU Law
* Sets out the basic principles and overall aims of EU law

Question 17

Give definitions for the following terms:
1. Vertical direct effect
2. Horizontal direct effect

Give an example of each for the primary source of European Law (Treaties).

Answer 17

1. Vertical direct effect is of consequence in relations between individuals and the country. This means that individuals can invoke a provision of EU law in relation to the state.
   Example; Van Gend en Loos
2. Horizontal direct effect is of consequence in relations between individuals.
   Example: McCarthys Ltd v Smith.

Question 18

Can you name any secondary sources of European Union Law with Case examples of both vertical and horizontal direct effect?

Answer 18

Secondary Sources: Regulations
Passed under Article 288 Treaty on the Functioning of the European Union.

• Regulations are directly applicable – Re Tachographs.
• Has vertical direct effect – Leonosio v Italian Ministry of Agriculture.
• Has horizontal direct effect – Antonio Munuz v Frumar Ltd.

Secondary Sources: Directives
* Main way harmonisation is achieved within EU

• Directives are NOT directly applicable – Re Tachographs
• Has vertical direct effect – Van Duyn v Home Office
• NO horizontal direct effect – Duke v GEC Reliance.

Question 19

Describe ways to avoid no horizontal direct effect

Answer 19

Ways to avoid no horizontal direct effect:

• Francovich principle – sue State for non-implementation.
• Von Colson principle – interpret law as if it had been implemented.
• Foster v British Gas – wide definition of ‘emanation of the State’