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The Legislative Process and the Impact of the European Union on English Law

   

Added on  2022-12-28

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The Legislative Process
and the Impact of the
European Union on
English Law
The Legislative Process and the Impact of the European Union on English Law_1

Table of Contents
INTRODUCTION ..........................................................................................................................3
PART A ..........................................................................................................................................3
Sources of law........................................................................................................................3
Aspects of primary and secondary law that needs changing and its purpose.........................3
How changes are made in laws?.............................................................................................4
How are laws enacted in United Kingdom?...........................................................................4
PART B............................................................................................................................................5
Rule of Precedent...................................................................................................................5
Application of Rule of precedent in Civil case......................................................................5
Rule of Statutory Interpretation..............................................................................................6
Impact of European Laws on Domestic law...........................................................................7
CONCLUSION ...............................................................................................................................8
REFERENCES................................................................................................................................9
The Legislative Process and the Impact of the European Union on English Law_2

INTRODUCTION
United Kingdom (UK) do not have written constitution of their own. The laws in UK are
made by the parliament with the royal assent given by the Queen. There are two types of laws in
UK i.e. primary law an secondary law. Primary laws are made by the parliament following the
procedure that is mandatory to be followed for the enactment of the law. Secondary laws ar
generally the powers which are delegated to the ministers and other authority by the parliament
to implement and make the laws they find necessary for the country (Schmidt, 2018). This report
consist of two parts. Part A explains the sources of laws and the aspects of the laws present in the
country. It also provides with the changes that are needed to be made in both the types of laws
along with the procedure that is followed by the parliament for its enactment. The B part of the
report explains rule of precedents and the rule of statutory interpretation of the court.
PART A
Sources of law
Laws are the rules and regulations made by the country to be obeyed by its citizens. In
Unite Kingdom (UK), the country is democratic and no one is considered above Law. There are
two sources of law. The first source of law is primary source and the second is secondary sources
of law.
Primary sources are the true and actual law which were formed either while framing of
the constitution or while making judgement (Schimmelfennig, 2018) . They are the original
sources of law. These sources includes: constitution, statutes, cases, treaties, etc.
Secondary sources are considered as background resource of law. These sources
explain, interpret and analyse the primary sources of law. Secondary sources helps researchers in
their research work as it also provides citation to the primary sources of law and helps to better
understand the law. The secondary sources includes: law review, journals, mannuals, legal
dictionaries, digests, etc.
Aspects of primary and secondary law that needs changing and its purpose
Primary law are the original laws that are made by the parliament in UK. There are many
laws in the country which have vigorous punishments for the crime committed. The criminal law
of UK have only capital punishment in case a murder is committed by a person. Murder is
considered as most serious offence and the court give life sentence to the dangerous offenders.
The Legislative Process and the Impact of the European Union on English Law_3

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