{"id":454,"date":"2019-03-27T10:32:35","date_gmt":"2019-03-27T10:32:35","guid":{"rendered":""},"modified":"2019-06-07T12:52:19","modified_gmt":"2019-06-07T12:52:19","slug":"influences-law-making-brexit-bill-2632","status":"publish","type":"post","link":"https:\/\/www.lawteacher.net\/free-law-essays\/constitutional-law\/influences-law-making-brexit-bill-2632.php","title":{"rendered":"Influences of Law-Making in UK Parliament: Brexit Bill"},"content":{"rendered":"<p>In this report, I will start of by<br \/>\nselecting a statute and will explain how the statute is differently influenced.<br \/>\nI will later evaluate the law-making process both inside and outside of<br \/>\nParliament. Finally, I am going to conclude on the effectiveness of the<br \/>\nlaw-making processes both inside and outside of parliament.<\/p>\n<h2>Brexit Bill<strong><\/strong><\/h2>\n<p>U.K. and European Union negotiators<br \/>\nhave reached an outline deal on the Brexit bill, the country will have to pay<br \/>\nwhen it leaves, which is one of the key obstacles in their talks. Even if the<br \/>\nplan still needs the confirmation of EU member states, U.K. Prime Minister<br \/>\nTheresa May was expected to present the offer on 4<sup>th<\/sup> December when she meets European<br \/>\nCommission President Jean-Claude Juncker. The EU was asking for at least 60<br \/>\nbillion euros, while the U.K. has never put a number on it. EU officials have<br \/>\nsaid that \u201cany final figure would be covered to help the U.K. government sell<br \/>\nthe unpopular settlement to doubtful voters.\u201d<\/p>\n<h2>Influences to the Brexit Bill<strong><\/strong><\/h2>\n<p>Parliament is the supreme law-making<br \/>\nbody in the United Kingdom, and can make or amend laws as they wish. Most ides<br \/>\nfor new laws and bills come from the government, as they are the ones who are<br \/>\nelected to rule\/govern the country to implement its political agenda. However,<br \/>\nthere ways in which the public may contribute and influence a change within the<br \/>\nlaw; the main influences are: the Law Commission, pressure groups, and the<br \/>\nmedia.<\/p>\n<h3>The Law Commission<strong><\/strong><\/h3>\n<p>The Law Commission is an independent,<br \/>\nand permanent body set up by the Law Commissions Act 1965. Its role is to keep<br \/>\nthe laws of England and Wales kept checked up and also to suggest any changes<br \/>\nwhere it is needed. It focuses on the codification of laws which already exist,<br \/>\nand also focus on the repeal of obsolete law. Codification is bringing together<br \/>\nall of the law on a particular topic in a single Act of Parliament. Repeal of<br \/>\nobsolete law is when the Law Commission removes out-of-date, and old laws. The<br \/>\nLaw Commission has a full time staff headed by five Law Commissioners, and one<br \/>\nof them is the Chairman. They mainly look over areas of law that were referred<br \/>\nto them by the Government.<\/p>\n<p>The Law Commission does not have any<br \/>\ninfluence on the Brexit Bill.<\/p>\n<h3>Pressure Groups<strong><\/strong><\/h3>\n<p>Pressure groups are groups of people<br \/>\nwho have a similar interest\/ideas in making changes in the law, and also to try<br \/>\ninfluence government and parliament to pass laws on matters which interest<br \/>\nthem. The can range from a very small group of people to a large amount of<br \/>\npeople (near the millions). The may use many different ways to succeed in their<br \/>\ninfluencing; they may do that by holing petitions, marches, demonstrations,<br \/>\nstrikes, or publicity operations which include advertising. There are different<br \/>\ntypes of pressure groups and these include sectional, this sector focuses on<br \/>\npromoting their members\u2019 interests and ideas. Also, there are pressure groups<br \/>\nand they focus on promoting a general belief or idea they came up as a group.<br \/>\nFurthermore, insider groups focus on influencing the government ministers and<br \/>\nofficial law-makers in order to achieve what they desire. Finally there are<br \/>\noutsider groups, and due to them not having access to lawmakers, they use<br \/>\ndirect actions or barely legal ways to promote their ideas and beliefs.<\/p>\n<p>UKIP (pressure groups) influenced the<br \/>\nBrexit Bill by persuading some people to vote out of the European Union by only<br \/>\ngiving a speech about the good outcomes, and did not warn them about <\/p>\n<h3>The Media<strong><\/strong><\/h3>\n<p>The media is a wide term which covers<br \/>\nthe channels by which the information is reported. Commonly, the media spreads<br \/>\nits news through TV, radios, newspapers and magazines. Nowadays media also uses<br \/>\na faster way to spread their news which is through the Internet and especially<br \/>\nsocial media. All these forms of media are allowing to to inform the public and<br \/>\ntherefore allowing to represent and assist in structuring public opinions. The<br \/>\nmedia and pressure groups have a very strong link between each other, due to<br \/>\nthis lawmakers in Parliament use social media to encourage engagement and the<br \/>\ninterpretations of view.<\/p>\n<p>The media (newspaper) influenced the<br \/>\nBrexit Bill by putting their own political views forward and convinced people<br \/>\nto vote out such as the Sun, who have been supporting The Conservatives party.<br \/>\nA source of media, like The Sun, who supports the same ideas as a party can<br \/>\nhelp the party to increase the number of people who follow the same views. <\/p>\n<h2>Statutory Interpretation<strong><\/strong><\/h2>\n<h3>The Purposive Approach<strong><\/strong><\/h3>\n<p>The case of Mr S. Wesson, who committed<br \/>\na robbery at a post office with a toy plastic gun, can be guided using the case<br \/>\nof R v Bentham (2003) where in the act of a robbery the defendant had held his<br \/>\nfinger in his pocket to make the victim think that he was pointing a gun at him<br \/>\nto intimidate him. The victim then appealed against a conviction for possession<br \/>\nof an imitation firearm. Due to this a purposive approach had to be adopted.<br \/>\nPurposive approach comes from the European Court of Justice, it reviews the<br \/>\nlegislation and it looks at the purpose of it as a whole. Also, the Firearms<br \/>\nAct 1968 will apply because Section 17 of the Firearms Act 1968 Schedule 1<br \/>\nstates \u201cIt is an offence for a person to make or attempt to make any use<br \/>\nwhatsoever of a firearm or imitation firearm with intent to resist or prevent<br \/>\nthe lawful arrest or detention of himself or another person.\u201d Also Schedule 2<br \/>\nstates \u201cIf a person, at the time of his committing or being arrested for an<br \/>\noffence specified in Schedule 1 to this Act, has in his possession a firearm or<br \/>\nimitation firearm, he shall be guilty of an offence under this subsection<br \/>\nunless he shows that he had it in his possession for a lawful object.\u201d As<br \/>\nresult to this, Mr S. Wesson is to be found guilty for possession of an<br \/>\nimitation firearm.<\/p>\n<h3>The Golden Rule<strong><\/strong><\/h3>\n<p>The case of Mrs T. Street, who killed<br \/>\nher husband but wanted to claim his estate as she is named as the sole<br \/>\nbeneficiary in his will, can be guided by the precedent of Re: Sigsworth (1935)<br \/>\nwhere the son (the murderer) would have inherited her estate, making him the<br \/>\nbeneficial party of the crime, there were no ambiguous words in the act,<br \/>\ntherefore the court did not agree to let a murderer benefit from his crime, so<br \/>\nthis led the court to decide that the literal rule should not be applied and<br \/>\ntherefore the golden rule was used to prevent the repugnant situation. The<br \/>\nGolden Rule is an extension of the literal rule and it is only used when an<br \/>\nunjust decision has been decided. This rule has two approaches: the narrow<br \/>\napproach and the broad approach. In Mrs T. Street\u2019s case a broad approach was utilised,<br \/>\nit is only used when a word or phrase has only one meaning but exploiting the<br \/>\nsingle meaning would lead to absurdity. As a result, Mrs T. Street should be<br \/>\nfound guilty because a criminal should never benefit from their crimes as it is<br \/>\nabsurd.<\/p>\n<h2>How influences affect the law making in Parliament<strong><\/strong><\/h2>\n<p>Pressure groups can affect the law<br \/>\nmaking in parliament in a positive way because they can raise public awareness<br \/>\nof an issue, for example \u201cAllOut\u201d, a pressure group who stands up for<br \/>\ninternational LGBT (lesbian, gay, bisexual, and transgender) rights, mainly<br \/>\nuses new media. They make YouTube videos, online petitions, and post content on<br \/>\nsocial media to spread the knowledge of encourage people to stand up against<br \/>\ninjustice and abuse suffered by the LGBT. Additionally, large pressure groups<br \/>\ncould have a big membership, which politicians can do nothing about, for<br \/>\nexample, the National Trust, which represents two million members, are able to<br \/>\nraise awareness of issues of importance to a large number of people. Finally,<br \/>\npressure groups have detailed knowledge of their interests to be able to put<br \/>\ntheir points and ideas forward convincingly. On the other hand, pressure groups<br \/>\ncan affect the law making in parliament in a negative way because pressure<br \/>\ngroups may not be able to able to present an objective, balanced argument and<br \/>\nmay be biased. For example, the Father 4 Justice group in essence are doing<br \/>\ntheir best to help the children of the family (the public). Additionally,<br \/>\nmembers of a group may be prepared to use violence and criminal actions to put<br \/>\ntheir views in the eye of everyone. For example, this include incidents such as<br \/>\nwhen animal activists attacked scientific laboratories that experiment on<br \/>\nanimals, and therefore could threaten the workers and their families in order<br \/>\nto put their views forward. Finally, some people who represent and support a<br \/>\npressure groups may represent only a small section of the population. However,<br \/>\nif the pressure group is influential then they can still have a chance to<br \/>\nchange some laws.<\/p>\n<p>The Law Commission can affect the law<br \/>\nmaking in parliament in a positive way because they develop considerable legal,<br \/>\nand political knowledge is not needed. The wording of their bills and their<br \/>\ninvestigations are very accurate and therefore this results to their<br \/>\nrecommendations being well informed. This means that problems are avoided when<br \/>\nthe law is brought into force. Also, they are an independent body, which means<br \/>\nthat the Law Commission makes sure that the all law is being kept under review,<br \/>\nand not just the areas the Government wants to put their focus on. Finally, a<br \/>\nbill is drafted to be attached to the report written to the Government. This<br \/>\ntherefore allows the bill to be based completely on the Commission\u2019s research,<br \/>\nthis results to the bill taking less time to be introduced into Parliament. On<br \/>\nthe other hand, the Law Commission can affect the law making in parliament in a<br \/>\nnegative way because a vast majority of their recommendations are not carried<br \/>\nout. This means that the Government does not have to introduce any of the Law<br \/>\nCommission\u2019s proposals. Also, the Law Commission\u2019s investigations of the law<br \/>\ncan be very time consuming, and therefore this could take them time to produce<br \/>\na report. Finally, Government does not have to consult Law Commission&nbsp; on changes to the law. Therefore, major<br \/>\nchanges are made without the benefit of the Law Commission&#8217;s legal knowledge<br \/>\nand extensive research. As a result this shows the Law Commissions lack of<br \/>\npower.<\/p>\n<p>The media can affect the law making in<br \/>\nparliament in a positive way because they can lead and raise public awareness,<br \/>\nwhich is imperative for the Government to consider when making legislative<br \/>\nreforms. Ultimately, the Government is answerable to the electorate, and fears<br \/>\nthe loss of the public\u2019s support because this could mean that they may lose in<br \/>\nan election. Also, the media\u2019s raises Government attention of some matters, and<br \/>\nassists the Government to know about the public\u2019s concerns and ideas. For<br \/>\nexample, after the shooting of several pupils at a school in Dunblane in 1996,<br \/>\nan anti-handgun pressure was set up and it was called Snowdrop Campaign.<br \/>\nSeveral newspapers and TV channels assisted in increasing the awareness of<br \/>\nSnowdrop Campaign in order for their beliefs to be heard by the Government and<br \/>\nthe public. This therefore allowed a legislation to ban handguns. On the other<br \/>\nhand, the media can affect the law making in parliament in a negative way<br \/>\nbecause some traditional sources of media are not neutral or equitable, such as<br \/>\nnewspapers because they can promote their own political views and other views<br \/>\nas well. For example, The Sun originally supported The Conservative Party and<br \/>\nreported favourably on the politics of the Thatcher Government. Finally,<br \/>\nnewspaper are businesses who are looking for profit, therefore this could mean<br \/>\nthat they may publish articles that will sell more copies rather than actually<br \/>\ninform the public of threats or other issues. They can easily start a public<br \/>\npanic over a matter that occurs very rarely but still manage to worry the<br \/>\npublic. For example, this occurred with the News of the World\u2019s \u201cName and<br \/>\nShame\u201d campaign.<\/p>\n<h2>How interpretations of statutes affect the law<br \/>\nmaking in Parliament<strong><\/strong><\/h2>\n<p>The different types of interpretation<br \/>\nof statutes can also affect the law-making in Parliament. The Literal Rule can<br \/>\naffect the law making in parliament in a positive way because the parliament\u2019s<br \/>\npower is respected and the duty of the judges in a court is to put forward the<br \/>\nlaw (made by the parliament) to the spectators attending the dispute. Also,<br \/>\nanother advantage of the literal rule could be that when you make decisions<br \/>\nbased on this rule, there can be issues with the law, so parliament can later<br \/>\npass an amending law (which is a law in process of changing by parliament). On<br \/>\nthe other hand, the media can affect the law making in parliament in a negative<br \/>\nway because words with more than one meaning can refrain from using the rule<br \/>\neffectively. Another disadvantage of a literal rule is that they presume that<br \/>\nthe form of the will be perfect. Moreover, the use of this rule can allow<br \/>\nunjust results to conclude, as it is exemplified in the case of London and<br \/>\nNorth East Railway v Berriman (1946), where the result was unfair harsh but<br \/>\naccording to the literal meaning of \u201crelaying or repairing\u201d, Mr. Merriman&#8217;s<br \/>\nwindow was not entitled to compensation.<\/p>\n<p>The Golden Rule can affect the law<br \/>\nmaking in parliament in a positive way because It refrains unfair judgments to<br \/>\ntake place which can consequence to absurdity from the utilisation of literal<br \/>\nrule. Another advantage for the golden rule is that it opens up a better chance<br \/>\nto end up with the same outcome as the Parliament. Finally, it permits the<br \/>\ncourt to select a more suitable definition of a word or phrase in an Act. On<br \/>\nthe other hand, The Golden Rule can affect the law making in parliament in a<br \/>\nnegative way because its use is unreliable, which prevents lawyers to advocate<br \/>\ntheir clients to the best of their ability, this can as a result not give a<br \/>\nfull intel to the clients. Another disadvantage of the golden rule is that it<br \/>\ncan be viewed as oppressive due to the power being only granted to the judge on<br \/>\nhow to operate this rule. Finally, although the judges are able to escape the<br \/>\nliteral rule, they are still constrained in what they can do.<\/p>\n<p>The Mischief Rule can affect the law<br \/>\nmaking in parliament in a positive way because it is flexible as it allows the<br \/>\nlaw to be practiced as the Parliament wanted it to be used. Another advantage<br \/>\nfor Mischief Rule is that it evades the possibility of absurdity and<br \/>\nunjustness. Finally, it has been authorised by the law Commission in 1969 over<br \/>\nthe literal rule and also the golden rule. On the hand, the Mischief Rule can<br \/>\naffect the law making in parliament in a negative way because it is oppressive<br \/>\nto grant too much responsibility to unelected judges, this can be a massive<br \/>\ndrawback because in some cases, judges renew the law, which is the parliament\u2019s<br \/>\njob. Another disadvantage of Mischief rule is that it is not always simple to<br \/>\nspot the wrongdoings that the Parliament was meant to remedy. Finally, it is<br \/>\ntoo old as it was formed in the 16<sup>th <\/sup>Century and therefore<br \/>\nthis means that the purposive approach is more suitable to use.<\/p>\n<p>The Purposive Approach can affect the<br \/>\nlaw making in parliament in a positive way because it reflects on the approach<br \/>\nused by the judges in the European Union courts. On the other hand, this might<br \/>\nbe looked down on due to the referendum vote in June 2016. Another advantage of<br \/>\nthe purposive approach is that it follows what the same actions as the<br \/>\nParliament, and also apply a legislation similarly. Finally, its use prevents<br \/>\nabsurd and unfair outcomes to occur. On the hand, the Purposive Approach can<br \/>\naffect the law making in parliament in a negative way because this gives a large<br \/>\namount of power to unelected judges which can be seen as an oppressive decision<br \/>\nby the Parliament. Moreover in some occasions, judges have renewed law<br \/>\nlegislations due to the public decisions, therefore it is not up to the judges<br \/>\nto conduct such an act but the Parliament.<\/p>\n<h2>Delegated Legislation<strong><\/strong><\/h2>\n<h3>By-laws<strong><\/strong><\/h3>\n<p>Mr P. West was arrested for drinking in<br \/>\nthe local park. In 2001 Kestley Town introduced a by-law which banned drinking<br \/>\nin public areas. By-laws are made by the local authorities to safeguard incidents<br \/>\nwithin their own areas. By-laws are usually associated with traffic control,<br \/>\nparking restrictions, or even banning alcohol in some streets. Moreover,<br \/>\nby-laws can be put forward by public companies and organisations, for instance,<br \/>\nrailway companies can ban smoking in stations or\/and on the train. By-laws are<br \/>\ncontrolled the relevant government ministers, local authorities and companies.<br \/>\nAll by-laws are approved by the relevant Government Minister. For example, the<br \/>\nby-laws formed by Hampshire County Council to regulate the employment of<br \/>\nchildren (under the Children and Young Person Act 1933) were approved by the<br \/>\nSecretary for Health. These Government Ministers make sure that every laws that<br \/>\nare made locally are looked over by people with professional knowledge of the<br \/>\nsubject.<\/p>\n<h3>Statutory Instruments<strong><\/strong><\/h3>\n<p>Mrs. E. Porter was caught by the police<br \/>\nusing her mobile phone while driving through the local town centre. &nbsp;This<br \/>\nis banned by Statutory Instrument No. 2695 \u2013 The Road Vehicles Regulation 2003.<br \/>\nStatutory instruments are laws which are produced by government ministers to<br \/>\nset out on a certain area under their responsibilities. Some statutory<br \/>\ninstruments could possibly be quite brief, like making the yearly minimum wage<br \/>\nchange. On the hand, other statutory instruments may be too complex with very<br \/>\ndeveloped rules that are over-complicated to put it in an Act of Parliament.<br \/>\nStatutory instruments are controlled by Members of Parliament and Peers, this<br \/>\ncommittee looks at all the statutory instruments and gets of the House of<br \/>\nParliament to the points of consideration.<\/p>\n<h3>Control on Delegated Legislation<strong><\/strong><\/h3>\n<p>After an Act is passed there will be<br \/>\nchecks from Parliament regarding the use of power within that act and if it is<br \/>\nbeing used for the right purpose. These checks are processed through the<br \/>\nfollowing ways:<\/p>\n<ul>\n<li>Affirmative resolution<\/li>\n<li>Negative resolution<\/li>\n<li>Super-affirmative resolution procedure<\/li>\n<li>Questions<\/li>\n<li>Scrutiny committees<\/li>\n<\/ul>\n<h3>Affirmative Resolution<strong><\/strong><\/h3>\n<p>A Statutory Instrument will not be able<br \/>\nto become a law unless it has the Parliament\u2019s approval. For example, the Human<br \/>\nRights Act, Section 1 (4) allows the Secretary of State to make any kind of<br \/>\nchanges to the Act.<\/p>\n<h3>Negative Resolution<strong><\/strong><\/h3>\n<p>Negative resolution is when a statutory<br \/>\ninstrument becomes a law unless if parliament rejects its proposition within 40<br \/>\ndays. All members of both Houses can bring forth a motion, known as a \u2018prayer\u2019.<br \/>\nAfter that a vote and debate is carried out, therefore if either one of the<br \/>\nHouses decides to pass the motion, the statutory instrument does not become a<br \/>\nlaw. <\/p>\n<h3>Super-Affirmative resolution procedure<strong><\/strong><\/h3>\n<p>This procedure is only applicable when<br \/>\ndelegated legislation is under the control the power of the Legislative and<br \/>\nregulatory Reform act 2006, where Parliament is given more power. The Act<br \/>\nallows to give the government ministers a high amount of power to change Acts<br \/>\nof Parliament as they wish.<\/p>\n<h3>Questions in Parliament<strong><\/strong><\/h3>\n<p>The responsible government ministers<br \/>\nare to be questioned by the Parliament during a debate or Question Time. This<br \/>\nprocedure of control is allowing to grant publicity to delegated legislation<br \/>\nbecause of the amount of media within the Parliament. Therefore, this can<br \/>\ninclude questions regarding a proposed regulation they intend to bring forth.<\/p>\n<h3>Scrutiny Committees<strong><\/strong><\/h3>\n<p>Scrutiny Committees are selected by the<br \/>\nHouse of Lords to analyse whether sections of a bill going through Parliament<br \/>\nare used appropriately and fairly. Moreover, they can carry out checks on bills<br \/>\nand they review all statutory instruments to then draw the Houses of Parliament\u2019s<br \/>\nattention towards parts which need consideration. The main reason to send back<br \/>\nstatutory instruments to Houses of Parliament is to:<\/p>\n<ul>\n<li>Enforce a tax or charge, which can only be done by an elected body within the Parliament<\/li>\n<li>Have a reflective outcome that was not provided by the enabling Act<\/li>\n<li>Control the legislation when it has gone beyond the powers given under the Enabling Act<\/li>\n<li>Sustain unusual use of delegated legislation<\/li>\n<li>Remove or rectify any unclear or defective parts of the bill.<\/li>\n<\/ul>\n<h2>Regulations<strong><\/strong><\/h2>\n<p>Article 288 of the TFEU allows the EU<br \/>\nto be capable of issuing regulations; regulations official in each regard and<br \/>\nspecifically appropriate in every Member State. This implies that regulations,<br \/>\nsimilar to treaties, have an impact and can be depended on by a person in a UK<br \/>\ncourt. They automatically progress toward becoming law in every Member State,<br \/>\nwhich don&#8217;t need to pass their own particular laws to provide for them. This<br \/>\nwas tested in Re Tachographs: Commission v UK (1979), where the wording of Article<br \/>\n288 was explicit, which implied that regulations were automatically law in all<br \/>\nMember State and the UK had to enforce the installation of tachographs.<\/p>\n<h2>Directives<strong><\/strong><\/h2>\n<p>Article 288 of the TFEU allows the EU<br \/>\nto be capable of issuing directives. Directives allow each Member State to<br \/>\nchoose how to introduce a law at its full potential to accord with directives,<br \/>\nthis allows laws to be dependable all around the European Union. Directives<br \/>\nhave been put forward in fields like: employment, health and safety, and consumer<br \/>\nlaw. However, if a Member State fails to announce a law, this can lead to<br \/>\npaying compensation to a body who has lost money due to the failure. This is<br \/>\nseen in the case of Francovich v Italian Republic (1991), where the EU state<br \/>\nwas to pay the compensation to a person who suffered loss because of the Member<br \/>\nState failing to introduce an EU directive into their national law.<\/p>\n<h2>Decisions<strong><\/strong><\/h2>\n<p>In the European Union, a decision is a<br \/>\nlawful mechanism which is official to the targeted. They are one of three sorts<br \/>\nof lawful instruments which are very likely to be affected under EU law which<br \/>\ncan have reasonable restricting impacts on some people. Decisions may be<br \/>\ntargeting Member States or individuals.<\/p>\n<h2>Impact of EU laws on the UK<strong><\/strong><\/h2>\n<p>When the UK joined the EU, all Member<br \/>\nStates exchanged their sovereign lawful rights to the EU. No Member State can<br \/>\ndepend on its own law when it is in conflict with EU law. This rule has been as<br \/>\na result since the UK joined the EU in 1973 and was one of the principle worries<br \/>\nof the Brexit campaigners in the 2016 referendum to leave the EU. While the UK<br \/>\nremains in the EU, the EU has supremacy over UK law. Furthermore, one of the<br \/>\nsignificant impacts of the European law to English legal system is on direct<br \/>\napplicability or direct effect. For example, the British constitution builds up<br \/>\nthat parliament is sovereign. This implies no other law in Britain that are<br \/>\nabove laws made by the government. Relative to its sovereignty, Parliament is<br \/>\nthe most elevated legislative authority in UK, but no one, except Parliament,<br \/>\ncan make law, also no court in UK can limit Parliament&#8217;s law making capacity.<br \/>\nParliament can make whatever laws it needs, and the courts must apply that law,<br \/>\nParliament&#8217;s sphere of legislation has no boundaries; it can administer on any<br \/>\nmatter of its picking (E.g. retrospective legislation) and no parliament can<br \/>\nbind a future Parliament. Consequently, Parliament can make or cancel any law<br \/>\nit chooses, and the courts must authorise it.<\/p>\n<h2>Conflict<strong><\/strong><\/h2>\n<p>An example of a conflict between the EU law and the UK is when EU law<br \/>\naltered the way English legal system approaches the rights of United Kingdom<br \/>\ncitizens. Essentially, the areas affected include those dealing with rights of<br \/>\nthe employees, female workers and children. For example, in the case of R v<br \/>\nSecretary of State for Employment ex parte Equal Opportunities Commission<br \/>\n(1994), the House of Lords found that parts of the Employment Protection Act<br \/>\n1978 were conflicting with European Court law on equal treatment for male and<br \/>\nfemale employees, because the Act gave part-time workers fewer rights than<br \/>\nfull-time workers. Another example of a conflict is when the European Court of<br \/>\nJustice stated that national courts were going to ignore any national law that<br \/>\nhad opposing ideas to European law. Therefore, it is clear that the European<br \/>\nlaw has made the English legal system to become less efficient because it<br \/>\ncannot make its own decisions without considering the legal provisions<br \/>\ndesignated by the EU laws on certain issues. Any doubt as to the primacy of<br \/>\nEuropean Court law over national law was resolved by the European Court of<br \/>\nJustice in Costa v ENEL (1964). The primacy of European Court law controls the<br \/>\ndomestic law where it is punitive in nature, therefore this led the English<br \/>\nlegal system making a defence of reliance on European Community law. <\/p>\n<h2>Evaluation<strong><\/strong><\/h2>\n<h3>Law-making inside of Parliament<strong><\/strong><\/h3>\n<p>Law-making in Parliament can have<br \/>\npositive outcomes. The first advantage of parliamentary law-making is that it<br \/>\nis democratic, this means that MPs in the House of Commons are democratically<br \/>\nchosen to make laws. Throughout the debates on the suggested law, each MP<br \/>\nshould have the chance to express their view of his\/her components. Members of<br \/>\nthe House of Lords are not democratically elected, therefore they are not able<br \/>\nto ban or reject a bill that has been approved by the House of Commons. Another<br \/>\nadvantage of parliamentary law-making is that it is under the Government\u2019s<br \/>\ncontrol, this means that it controls parliament\u2019s timing for debates and has a<br \/>\nhigher chance of winning at each voting stage of the process, however if its<br \/>\nown MPs vote against them they may lose. Also, a government minister who<br \/>\nannounces the bill to Parliament has a considerable understanding in the field<br \/>\nof responsibility and the support of a civil service department. Finally,<br \/>\nparliamentary law-making is flexible, which means that it is not just the<br \/>\nGovernment that has the power to propose new laws, but MPs and Lords have the<br \/>\npower to do so as well. This could help when the Government has not looked over<br \/>\na certain issue, or when it does not want to be conducted into introducing a<br \/>\ndisputed legislation. An example of this could be the Marriage Act 1994, which<br \/>\npermitted marriages to be held in places apart from in churches and registry<br \/>\noffices.<\/p>\n<p>On the other hand, the down side of<br \/>\nmaking law within Parliament is that the Government still has control over the<br \/>\nParliament and allows little time for private members&#8217; bills to form. The<br \/>\nGovernment has too much power over others, due to its capability of bypassing<br \/>\nthe House of Lords by putting into effect the Parliament Acts. Another<br \/>\ndisadvantage of parliamentary law-making could be that it is very time<br \/>\nconsuming, this because of the bill which has to go through the legislative stages,<br \/>\nwhich can take months and therefore important legislations will take time to<br \/>\ncome into force. Finally, when making a bill, the people making the bill use<br \/>\nambiguous words (words that have more than one mean), and this is a<br \/>\ndisadvantage because 75% of the cases heard are about interpretations of words.<\/p>\n<h3>Law-making outside of Parliament<strong><\/strong><\/h3>\n<p>An advantage of making law outside of<br \/>\nparliament is that it does not go through a long process, and therefore can be<br \/>\nvery helpful in emergencies, this is because it does not follow the<br \/>\nParliamentary procedure, which would not be ideal in cases of emergencies.<br \/>\nAdditionally, those with law making knowledge can help form and take part to<br \/>\nlegislation, nonetheless, Parliament still has a bit of control over the<br \/>\nconstruction of the law. For example, local councils have a better knowledge of<br \/>\nthe local residents. Bristol City Council has many by-laws regarding the<br \/>\nClifton and Durdham Downs. Furthermore, there is some form of parliamentary<br \/>\ncontrol over delegated legislation. Within Parliament, statutory instruments<br \/>\nare enforced to affirmative or negative resolutions or are scrutinised by the<br \/>\nScrutiny Committee. Finally, delegated legislation is democratic to an extent,<br \/>\nthis is because government ministers are elected and they hold the responsibility<br \/>\nfor issuing statutory instruments and approving by-laws. <\/p>\n<p>On the other hand, laws made outside of<br \/>\nParliament are made by elected Parliament members. Also, there is very little<br \/>\npublicity for the making of laws outside of Parliament, this means that a vast<br \/>\nmajority of laws that are being made are not being put out for the public to be<br \/>\naware of it. Additionally, there is no effective control, this means that many<br \/>\nof the parliamentary controls are restricted in effect. For example, not every<br \/>\nstatutory instruments are enforced to an affirmative or negative resolution,<br \/>\nand these may be ignored. Finally, law-making outside of Parliament could be<br \/>\nundemocratic to an extent, this is because delegated legislation is not debated<br \/>\nby Parliament, unless statutory instruments enforce to the affirmative<br \/>\nresolution.<\/p>\n<h2>Conclusion<strong><\/strong><\/h2>\n<p>In my opinion, I believe that<br \/>\nparliamentary law-making is more appropriate than delegated legislation. This<br \/>\nis because the legislative process (which is passing a bill through the House<br \/>\nof Lords and the House of Commons, and finally getting Royal Assent) is very<br \/>\naccurate but time consuming. There are several circumstances for debates,<br \/>\namendments, and making sure that any mistakes can be rectified, this is due to<br \/>\nthe three readings and two stages in each Houses of Parliament. Whereas<br \/>\ndelegated legislation contradicts the separation of powers, this means that<br \/>\ndelegated legislation stands against the principles of separation of powers.<br \/>\nUnder this principle, there are three sectors of power: the executive, the<br \/>\nlegislature, and the judiciary.<\/p>\n<h2>Bibliography<\/h2>\n<ul class=\"list-unstyled\">\n<li>Pearson BTEC National Applied Law Book<\/li>\n<li>AQA Law AS law Second Edition<\/li>\n<li>http:\/\/www.sixthform.info\/lawblog\/?p=38<\/li>\n<li>http:\/\/swarb.co.uk\/regina-v-bentham-cacd-5-dec-2003\/<\/li>\n<li>https:\/\/www.legislation.gov.uk\/ukpga\/1968\/27\/section\/17<\/li>\n<li>http:\/\/golden-rule-law.blogspot.co.uk\/2013\/03\/case-examples-of-golden-rule.html<\/li>\n<li>https:\/\/getrevising.co.uk\/grids\/advantages_and_disadvantages_of_law_commission <\/li>\n<li>http:\/\/www.sixthform.info\/lawblog\/?p=38<\/li>\n<li>https:\/\/www.bloomberg.com\/news\/articles\/2017-11-20\/the-brexit-bill-and-whether-britain-will-pay-up-quicktake-q-a <\/li>\n<li>https:\/\/www.lawteacher.net\/free-law-essays\/european-law\/sources-of-eu-law-and-its-impacts-to-english-legal-system-european-law-essay.php <\/li>\n<\/ul>\n","protected":false},"excerpt":{"rendered":"<p>Parliament is the supreme law-making body in the United Kingdom, and can make or amend laws as they wish.<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[43],"tags":[85],"class_list":["post-454","post","type-post","status-publish","format-standard","hentry","category-free-law-essaysconstitutional-law","tag-uk-law"],"yoast_head":"<!-- This site is optimized with the Yoast SEO Premium plugin v26.6 (Yoast SEO v26.6) - 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