Comprehensive Report: Law Making Process and UK Legal System

This report provides a comprehensive overview of the UK law making process, detailing the stages from the decision to legislate to the royal assent. It explains the roles of the monarchy, executive, legislature, and judiciary within the legal framework. The report covers bill preparation, introduction, parliamentary stages (first, second, committee, report, and third readings), and the involvement of the House of Lords. It also analyzes the sources of law, including common law, equity law, legislation, and EU laws. Furthermore, it discusses the application of statutory and common law in the courts and provides a critical evaluation of the legal system, including recent reforms like the Woolf Reforms. The report also includes references to relevant sources supporting the analysis of the law making process in the UK.

LAW MAKING PROCESS
LO1 Explain the basic nature of the Legal
System Presented by:
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The Decision to Legislate
 In a parliamentary session a legislative program need to be
planned by the government where bills will be considered.
 The proposing department pertaining to the government needs to
give in proper bid with respect to the incorporation of the bill in in
legislative program to the PBL committee belonging to the Cabinet.
 Initially the bill is considered and then recommended to be e
provided a provisional slot.
 The consideration needs to be carried out with respect to the link
of the bill with political priorities as well as how necessary the bill
is.
 After availing assent of the cabinet the bill needs to be reviewed by
the PBL for the lead up pertaining to the initiation regarding the
session.
 The policy belonging to the bill will need to be agreed and
extended to the suitable committee pertaining to cabinet.

Bill preparation
 Once a bill is extended in a slot in the legislative program
it needs to be made as well as delivered to the parliament
with the help of bill team which regulates this to the
concerned department.
 The responsible authority regarding the policy will prepare
and instruction with respect to the policy to be extended
forward to the lawyers of the department in assisting the
parliamentary counsel which aids in the drafting of the
bill.
 This stage is concerned with the analysis of the
instructions and consider any questions pertaining to that
and after the clearance of search enquiries guarding the
policy the draught will be sent to the relevant department.

Bill preparation
 After carrying out the comments and drafting
off the bill a desired result is required to be
arrived upon.
 Certain provisions that a bill contains may
require the consent of both the sponsoring
department as well as other department.
 If the bill is required to be applied in Wales or
Northern Ireland or Scotland, it needs the
consultation of the administration that has
been devolved prevailing in that particular
part.

Bill introduction
 Any bill which after being introduced has received a
clearance is to be submitted by the PBL committee by
way of a meeting.
 The final draught of the bill as well as other document
are required to be considered by the committee.
 It also need to be decided that whether the bill will be
submitted in the House of lords or the house of
common first.
 Specific bills requires publication in the form of
draught before the introduction.
 The bill is required to be scrutinized by way of a
legislative process.

Parliamentary stages
 Most of the bills are introduced in the house of lords
or house of commons.
 The government decides open the bill after creating
a balance between the program relating to
legislation as considered between the two houses.
 Financial bills again ought to be introduced before
the comments.
 The commons are also presented with the significant
constitutional bills first.
 Any bill drafted as well as initiated in parliament is
required to the past from the stages for attaining the
force of law.

First reading
 This depicts a stage which is purely formal.
 No debate is to be carried out in this stage.
 In this stage the bill is formally introduced in
the parliament.
 More precisely it depicts the reading of the
short title of the bill.
 After that the date of the second reading needs
to be ascertained.
 In this stage the bill is made available in
printed form to the public as well as members.

Second reading
 This stage requires a debate to be affected
with respect to the main principles of the bill.
This debate takes place in the chamber.
 A minister belonging to the government opens
the debate.
 The opposition also get a chance to present
their side.
 The debate it is presented with the result after
considering all the points presented by both
the government as well as the opposition.

Second reading
 This page does not permit any amendments to
be introduced in the bill.
 However certain suggestions regarding any
amendments are allowed.
 This discussion in this stage will be concluded
by using of vote to decide on the bill.
 A bill cannot be e taken further to make a law if
the same has not availed the assent of the
government.
 Again the government bill has a rare chance of
being defeated.

Committee stage
 In this stage, a detailed discussion regarding the
provisions pertaining to the bill will be affected.
 The comments carry out the procedure with the help of
the members belonging to the parliament convened
specially which will represent the strength of the party in
the house in totality.
 As an alternative this stage can also be affected in the
chamber.
 This stage will be carried out in a chamber where the
house of lords is involved.
 In both instances appeared can participate.
 All the suggested alterations needs to be affected in this
stage.

Report stage
 This depicts a stage where the alterations or amendments are
discussed.
 In the absence of any II amendments this stage will also be e
a formal one.
 In this stage amendments can be meet as well as new
provisions can be introduced to the bill.
 The commons call this stage as a stage of consideration.
 In this stage the bill is returned to the house and hence it is
termed as the reports stage.
 After the required amendment being need a review of the bill
is carried out by both the houses.
 This stage requires all the considerations, suggestions as well
as amendments and all the points to be discussed and
affected.

Third reading
 At this stage the commons carry out a general
discussion with respect to the bill.
 This discussion follows the report stage
readily.
 In this particular stage no amendments can
be made to the bill.
 In the case of the house of lords this bill takes
place after certain days.
 The tidying up with respect to the
amendments is tabled in this particular stage.

Later stages and House of
Lords
 The assent of both the houses is required for the
purpose of making a bill to achieve the force of an Act.
 If the bill is considered by one of the houses it needs to
be sent to the other house to be considered again.
 When the the consideration of the first house is
rejected by the second one it needs to be sent to the
first house again for the purpose of consideration and
this process will continue until a balance is achieved.
 The time span for the purpose of making a decision
upon the bill depends upon the length of the bill.
 The emergency bills needs to be fast within a very
short span of time.

Royal Assent
 For the purpose of given the status of law
a bill needs to given the royal assent.
 The obtaining of the royal assent will make
a bill to be a law.
 The operation of the law will take place on
a subsequent date which will be fixed by
the government.
 Further regulations and orders may be
introduced to assist and complement the
Act.

Monarchy
 Monarch is a sovereign ruler who is
vested with all legislative as well as
executive power of a state.
 However, it does not have any political
colour.
 In the process of law making, it
provides the Royal Assent to make the
bill a form of law.

Executive
 An executive implies that part of the
Government, which is vested with the
authority as well as responsibility with
respect to the administration of the
affairs of the state.
 It makes orders to enforce the law.
 It makes regulations and orders to
complement the law.

Legislature
 The power to grant money towards the Government via approval of
bills, which brings taxes is vested with the House of Commons.
 The decision of one house in this process needs the approval of the
other house.
 The system implies a two chamber system which checks the
functioning of both the houses.
 One of the houses of the legislature is the publicly elected commons.
The party having the highest strength of members within the Commons
makes the Government.
 The House of the Commons are conferred with the authority to decide
on bills of financial nature.
 The second chamber of the Parliament of United Kingdom is the House
of Lords.
 Its powers are complementary to the power of the Commons. They
shape as well as make the laws and also put a check on actions of the
Government.

Legislature
 The second chamber of the Parliament
of United Kingdom is the House of
Lords. I
 ts powers are complementary to the
power of the Commons.
 They shape as well as make the laws
and also put a check on actions of the
Government.

Judiciary
 There are three distinct legal
jurisdictions in the United Kingdom,
each of which consists of distinct laws
as well as hierarchy of the courts.
 It includes England and Wales,
Northern Ireland and Scotland.
 The judiciary is concerned with the
interpretation of the law.

Conclusions
 In the process of law making, it
provides the Royal Assent to make the
bill a form of law.
 The executive makes orders to enforce
the law.
 It makes regulations and orders to
complement the law.
 The judiciary is concerned with the
interpretation of the law.

References
 PARTINGTON, M. (2013) Introduction to the English Legal
System. Oxford: Oxford University Press.
 GOV.UK. (2019). Legislative process: taking a Bill through
Parliament. [online] Available at:
https://www.gov.uk/guidance/legislative-process-taking-a-
bill-through-parliament [Accessed 11 May 2019].
 Google.com. (2019). Legislature, law - Google Search.
[online] Available at: https://www.google.com/search?
biw=1367&bih=593&tbm=isch&sa=1&ei=b6__XO6iOIzeaojY
i_AL&q=Legislature%2C+law [Accessed 12 May 2019].
 Encyclopedia Britannica. (2019). Political system -
Contemporary divisions of government. [online] Available at:
https://www.britannica.com/topic/political-system/Contempor
ary-divisions-of-government [Accessed 13 May 2019].