Tird presentation of the series on UK legal issues; this time is the first part of 'Sources of Law'

1. Jesús Lorenzo Vieites
The UK Legal System
Part III: Sources of Law (1)
A SERIES OF GRAPHIC SKETCHES TO UNDERSTAND HOW THE UK LEGAL
SYSTEM IS STRUCTURED NOWADAYS.
Based on G. Slapper & D. Kelly’s The English Legal System, 11th ed.

2. If we are pursuing a topic related to civil law there exists a great difference betwen
common law and civil law systems
Civil law systems
Common law (UK)
(Continent)
We have to:
We just look into the legislation
1.Look at the legislation (primary
relevant to the issue to try and
& secondary sources)
resolve a judicial question
2.Find out cases in which judicial
statements relevant to the issue
exist.
After the UK joined the EEC, later called EU, it has progressively passed the power to create laws that affect the
UK citizens to the Europan institutions which promulgate laws for the rest of the continent. And this is so to the
extent that all legal issues related to the EU which affect the UK’s legislative, executive and judicial powers are
developed within a common EU framework.

3. This absolute power is a consequence of the
struggle between parliament and the
monarchy in the 17th cent.
As a result, Parliament was the sole body
1. It is the sovereign power that makes laws capable of making laws while curtailing the
Crown of its former royal prerogative of
2. Under UK constitutional law, it has the power to doing so. The obvious consequence of this
process was that the role of the monarchy
was reduced to a purely formal one in the
whole legislative process.
enact
enact alter
alter or
or revoke
revoke
As a reward for having sided along with
such, and any
such, and any Parliament, the courts were allowed to have
law, as it sees fit
law, as it sees fit independence from its control; a fact which
still remains today. Although prerogative
powers do still exist, they are mainly
exercised by the Government in the name of
the Crown, rather than by the Crown itself.

4. We have to bear in mind The UK Legislative Process
that, in spite of the fact that
the UK English system is
referred to as a common
Most statutes are the result of a government’s political
law system, and having
party decisions; thus, a great deal of law-making can
regard to the role that be seen as the natural outcome of the implementation
courts play in the of party political policies.
interpretation of statutes,
LEGISLATION is the
prevalent method of law-
The party in majority in the
making nowadays. Government
House of Commons
chooses …
Therefore, the political agenda is
drawn from the policies the governing
party chooses to implement by way
of proposals which will be backed by
the majority of its members sitting in
the House of Commons.

5. The UK Legislative Process
What is the main criticism
that this system faces?….
That powerful governments with
substantial majorities can work On the other hand, when the majority is
even without the backing of their scarce or even a government having to
own parties (in such situations govern in minority, the playing field
you’d better not be a member in changes and the government has to play
the opposition benches!). The role its card shrewdly so as to be able to
of the government supporters is implement its desired policies in a
but that of merely rubber- Parliament not directly controlled by it.
stamping its proposals

6. The UK Legislative Process
The government is responsible
for most of the legislation which
will be included into
Yet, it is a consolidated right that
any individual MP can propose a
new legislation in the form of…
The Statute Book
Private Members’ Bills
(or: members’ bills, an MP’s
legislative motion)
‘A Bill is a proposal for a new law, or a proposal to change
an existing law, presented for debate before Parliament’

7. They are Public Bills introduced by MPs
and Lords who are not government
ministers. As with other Public Bills their
Private Members’ Bills
purpose is to change the law as it applies are Public Bills that can be
to the general population
introduced in three different ways:
1. The Ballot 2. The Ten Minute Rule 3. Presentation
Procedure (Standing Rule 13) (Under Standing Order 39)
Ballot Bills have the best chance of This procedure allows a Member to Any Member may introduce
becoming law, as they get priority for make a speech of up to 10 minutes a Bill in this way as long as
the limited amount of debating time with a view to voicing an opinon on he has previously given
available. The names of Members a subject or aspect of an existing notice of their intention to
applying for a Bill are drawn in a legislation that needs further do so. Members formally
ballot held at the beginning of the consideration. introduce the short title of
parliamentary year. By means of the It is a good opportunity to raise the the Bill but do not speak in
ballot procedure 20 backbenches profile of an issue and to see support of it - they rarely
Members get the right to propose whether it has support among other become law.
legislation on the 10 or so Fridays in Members.
each parliamentary Session

8. Any individual or associations, organisations outside Parliament can seek to influence
Members who have been selected in the ballot so as to voice the Private members’ bills in
question. Therefore, members of the public who want to voice their objections to Private
Members' Bills can do so by:
 writing to their MP or a Lord
 writing to the government department
responsible for the Bill
 lobbying Parliament
Of these procedures, however, only the ballot one has any real chance
of success. Even then, only a small proportion of Private Members' Bills Talking out a bill is also
are enacted. This depends mainly on securing a high place in the ballot referred to as ‘a filibuster’
and on the actual proposal not being to controversial. A controversial or parliamentary
procedure where debate
Private Member's Bill can be "talked out". In some cases, measures that a is extended, allowing one
government does not want to take responsibility for may be introduced or more members to
by backbenchers, with the government secretly or openly backing the delay or entirely prevent a
measure and ensuring its passage. They are sometimes known as vote on a given proposal.
"handout" or "whips' bills." (The Abortion Act 1967 was enacted through It is a form of obstruction
in a legislative body.
this means)

9. It determines which Bills
Two Cabinet committees The Future Legislation will be presented to
parliament in the
take the decision as to Committee following
which government Bills are parliamentary
Session
to be placed before
parliament in any Session:
1. It is responsable for the
legislative
programme
conducted in the
The Legislation immediate
Committee parliamentary Session.
2. The drawing of the
legislative
programme
announced during
the Queen’s Speech
is within its
responsibility

10. What are ‘Green Papers’? …and White Papers?
Consultation documents issued by the White Papers are used as a means of
government, whose purpose is to set out and presenting government policy preferences
invite comments from interested parties or prior to the introduction of legislation; in this
particular proposals for legislation. Green regard its intended purpose is to serve as a kind
Papers tend to be statements by the of ‘feeler’ to test the public opinion regarding
government of propositions put before the a controversial policy issue and enables the
whole nation for discussion before a final government to gauge its probable impact.
decision is taken of the best policy option. White Papers do set out firm proposals for
legislation.
A Green Paper will often contain Both Green Papers and
several alternative policy options. White Papers are both
After considering this consultation, types of command
the government will normally paper and may be the
publish firmer recommendations subject of statements or
in a second document in the form debates in the House of
of a White Paper. Commons.

11. Both Commons and Lords meet in the
Palace of Westminster. Members are
elected, through the first-past-the-post
system, by electoral districts known as
constituencies, and hold their seats until
consists of… Parliament is dissolved (a maximum of
five years after the preceding election).
The House of Commons The House of Lords (with The Monarch
(646 directly elected MPs) 74 unelected MPs)
(the lower house) (the upper house)
 As mentioned before, a Bill is a proposal for a new law, or a proposal to change an existing
law that is presented for debate before Parliament. Before any legislative proposal (Bill) can
become an Act of Parliament (ie, a law) it must proceed through and be approved by the
House of Commons and the House of Lords for examination, discussion and amendment.
 When both Houses have agreed on the content of a Bill it is then presented to the reigning
monarch for approval (known as Royal Assent). Once Royal Assent is given a Bill becomes an
Act of Parliament and is law.

12. A Bill can start in…
A Bill can start in…
the House of Any Bill must be
Any Bill must be
or given three readings
given three readings
Lords
in both the
in both the
Commons and the
Commons and the
Lords before it can
Lords before it can
be presented for
be presented for
… and must be approved in
… and must be approved in Royal Assent.
Royal Assent.
the same form by both Houses
the same form by both Houses
before becoming an Act (law)
before becoming an Act (law)

13. When a Bill is presented in the Commons it undergoes five distinct procedures
When a Bill is presented in the Commons it undergoes five distinct procedures
1. First reading
2. Second reading
3. Committee stage
4. Report stage
5. Third reading

14. …undergoes the
…undergoes the
following steps until it
following steps until it
1. Short title is
read gets the Royal
gets the Royal
2. Read at any
time during a Assent
Assent
parliamentary
Session
3. Followed by an
First reading order for the Bill
6. Date set for to be printed
2nd reading
5. The Bill is 4. There is no
published as a debate
House of
Commons paper
for the first time 1
1

15. 1. It usually takes place no
2
2
sooner than two weekends 2. The spokesperson
after first reading. responsible for the Bill
opens the second
reading debate.
3. Main principles of
the Bill are debated
9. At the end by
voting a 2nd reading it
is meant that the Bill
can proceed to the
next stage. Second reading
4. The official Opposition
spokesperson responds
with their views on the Bill
8.…it is likely that it will
finally become a law (in
ulterior steps)
5. The debate continues
with other Opposition
7. At the end, a vote may be parties and backbench
taken on its merits; if 6. It is the critical point MPs giving their opinions.
approved… in the process of a Bill

16. 1. It usually starts
within a couple of
2. The Bill is examined line by
line by a Standing
3
3
weeks of a Bill’s committee
second reading 3. The Committee has the
power to amend it in such
a way as to ensure that it
9. If the Bill has been conforms with the general
amended the Bill is reprinted approval given by the
before its next stage House at its second reading
8. Amendments proposed
by MPs to the Bill will be
published daily and
Committee stage
reprinted as a Marshalled 4. Most Bills are dealt with
List of amendments for in a Public Bill Committee
each day the committee
discusses the Bill.
5. The committee is able to
7. Amendments for discussion take evidence from
are selected by the chairman 6. Occasionally, a Bill experts and interest groups
of the committee and only may be passed to a from outside Parliament
members of the committee Special Standing
can vote on amendments Committee
during committee stage.

17. 2. There is no set time period
between the end of
committee stage and the
4
4
start of the report stage.
1. Report stage gives MPs an opportunity,
on the floor of the House, to consider
further amendments (proposals for
change) to a Bill which has been
examined in committee.
3. All MPs may speak and
vote - for lengthy or complex
Bills the debates may be
Report stage spread over several days.
5. Report stage is normally
followed immediately by
debate on the Bill's third 4. All MPs can suggest
reading.. amendments to the Bill
or new clauses (parts)
they think should be
added.

18. 5
5
1. This is the final chance for 2. It usually takes place
further debate regarding the immediately after report stage as
discussed Bill the next item of business on the
same day
Third reading
3. If any more debate is
5. At the end of the debate, necessary this will going to be
the House decides whether restricted to matters relating to
to approve (votes on) the the content of the Bill
third reading of the Bill or exclusively: questions relating to
not. the general principles of the Bill
cannot be raised now.
4. That means that any
proposals for a change
(amendments) cannot be
done at this stage.

19. What happens
after ‘Third
Reading’?
If the Bill started in the Lords it
If the Bill started in the
returns to the House of Lords for
Commons it goes to the
consideration of any
House of Lords for its first
amendments the Commons has
reading.
made.

20. When a Bill is presented in the Lords it also undergoes the same five distinct
When a Bill is presented in the Lords it also undergoes the same five distinct
procedures as seen before
procedures as seen before
1. First reading
2. Second reading
3. Committee stage
4. Report stage
5. Third reading

21. …undergoes the
…undergoes the
following steps until it
following steps until it
gets the Royal
gets the Royal
Assent
Assent
2. First reading can take
1. First reading is the place at any time in a
first stage of a Bill’s parliamentary Session
passage through the
House of Lords -
usually a formality, it
takes place without
debate 3. The long title is
First reading read out by the MP
in charge of
introducing the Bill
4. Once formally
introduced, the
Bill is printed
1
1

22. 2. It is the first
1. Before second reading takes place A opportunity for
list of speakers for the second reading Members of the
debate is opened and interested Lords to debate the
Members add their names to it. main principles and
purpose of the Bill
Second reading 3. At this stage MPs may
5. A Bill’s second reading flag up concerns and
usually takes place no areas where they think
less than two weekends amendments might be
after first reading needed
4. Second reading
debates usually last for
a few hours but
sometimes stretch over
a couple of days.
2
2

23. 1. The day before committee 2. At this stage there is a detailed line
stage starts, amendments are by line examination of the separate
published in a Marshalled List – parts (clauses and schedules) of the Bill,
in which all the amendments with its subsequent discussion of
are placed in order. amendments of the Bill in question
7. Committee stage can
last for one or two days to 3. Any Member of
eight or more. It usually Committee stage the Lords can
starts no fewer than two take part in this
weeks after the second debate
reading
4. Every clause of the Bill
6. If the Bill has been 5. All proposed
has to be agreed to
amended it is reprinted amendments can be
and votes on the
with all the agreed discussed and there is
amendments can take
3
no time limit – or
3
amendments. place.
guillotine - on discussion
of amendments.

24. 1. This is a further chance
2. Report stage
to change the Bill.
usually starts 14
Members of the Lords
days after
can consider proposals
committee stage. It
for change to the Bill
can be spread over
anew
several days
3. The day before report
stage starts, amendments
6. If the Bill is amended Report stage are published in a
it is reprinted to include Marshalled List – in which
all the agreed all the amendments are
amendments. placed in order.
5. Votes can take
place and any 4. Detailed line by
Member of the Lords line examination of
the Bill continues.
4
can take part
4

25. 1. The Bill moves to third
reading for the final 2. At least three
chance for the Lords to sitting days usually
debate and amend the pass between
Bill. report stage and
third reading.
6. The Bill goes to the
House of Commons for its 3. The day before report
first reading. The stage starts, amendments
Commons reprints the Bill Third reading are published in a
with the Lords Marshalled List – in which
amendments. all the amendments are
placed in order.
5. Amendments at third reading in
the Lords are often used to clarify 4. Unlike the Commons,
specific parts of the Bill and to amendments can be made
allow the Government to make at this stage, provided the
good any promises of changes to
the Bill made at earlier stages.
issue has not been fully
considered and voted on at 5
5
an earlier stage.

26. What happens after
‘Third Reading’ in both
Houses?
Consideration of Each House considers the other’s amendments;
that is to say, when a Bill has passed through third
amendments reading in both Houses it is returned to the first
House (where it started) for the second House's
As Bills must naturally complete amendments (proposals for change) to be
their process within the life of a considered.
particular parliamentary Session, a
failure to reach agreement might Both Houses must agree on the
mean the total loss of the Bill exact wording of the Bill
If the Commons makes amendments to the
A Bill may go back and forth between each Bill, the Lords must consider them and
House until both Houses reach agreement. either agree or disagree to the
amendments or make alternative
proposals.

27. What happens after
‘Consideration of amendments’?
Once the Commons and Lords agree on the final version of the Bill, it
Once the Commons and Lords agree on the final version of the Bill, it
must have Royal Assent before it can become an Act of Parliament.
must have Royal Assent before it can become an Act of Parliament.
Exceptionally, when the two Houses do not reach agreement, the Bill falls. If
Exceptionally, when the two Houses do not reach agreement, the Bill falls. If
certain conditions are met, the Commons can use the Parliament Acts 1911*
certain conditions are met, the Commons can use the Parliament Acts 1911*
and 1949 to pass the Bill, without the consent of the Lords, in the following
and 1949 to pass the Bill, without the consent of the Lords, in the following
session..
session
*The Parliament Act of 1911 removed the House of Lords’ power to veto a Bill. It also
reduced the maximum lifespan of a parliament from 7 years to 5 and specifically retained
the House of Lords’ power to block any attempt to prolong the lifetime of parliament. This
Act reduced the power of the Lords of the ability to delay a bill by up to two years. The
Parliament Act 1949 further reduced the Lords’ delaying powers to one year.

28. The Royal Assent
The Royal Assent is required before any Bill can become law. Although there is
no constitutional rule requiring the reigning monarch to assent to any Act
passed by Parliament, there is, however, a convention to that effect.
The Royal Assent Act 1967 highlights the procedural nature
The Royal Assent Act 1967 highlights the procedural nature
of this stage: it reduces the process of acquiring Royal
of this stage: it reduces the process of acquiring Royal
Assent to a formal reading out of the short title of any Act
Assent to a formal reading out of the short title of any Act
in both Houses.
in both Houses.
An Act of Parliament comes into force on the
date of the Royal Assent, unless there is any
provision to the contrary in the Act itself.

29. What happens at Royal Assent?
Royal Assent is the Monarch's agreement to make the Bill into an Act .
There is no set time period between the consideration of amendments to the Bill
and Royal Assent – it can even be a matter of minutes after agreement is
reached.
When Royal Assent has been given to a Bill, the announcement is usually made in both
When Royal Assent has been given to a Bill, the announcement is usually made in both
Houses --at a suitable break in each House’s proceedings – by the Lord Speaker in the Lords
Houses at a suitable break in each House’s proceedings – by the Lord Speaker in the Lords
and the Speaker in the Commons.
and the Speaker in the Commons.
At prorogation (the formal end to a parliamentary year), Black Rod interrupts the
proceedings of the Commons and summons MPs to the Lords Chamber to hear the Lords
Commissioners announce Royal Assent for each Bill.

30. What happens after Royal Assent?
After Royal Assent…
 The legislation within the Bill may commence immediately, after a set period
or only after a commencement order by a Government minister.
 A commencement order is designed to bring into force the whole or
part of an Act of Parliament at a date later than the date of the Royal
Assent.
 If there is no commencement order, the Act will come into force
from midnight at the start of the day of the Royal Assent.
 The practical implementation of an Act is the responsibility of
the appropriate government department, not Parliament.

31. 1
1
Royal Assent: a short historical overview
1. The Royal 2. Once a Bill is presented
2. Once a Bill is presented a. Granting of the Royal Assent,
Assent is the final to the monarch or his/her
to the monarch or his/her therefore it becomes an Act
step before any representative, there are
representative, there are b. Withholding of the Royal Assent,
so a veto is imposed on it.
Bill becomes law. three options:
three options: c. Reserving the Royal Assent, ie,
defer a decision on the Bill until
a later time.
Originally, a Curia Regis
(Royal Council) made of That Parliament included
nobles and clerics, advised bishops, abbots, earls, The power struggles
the Monarch (who held the barons, and two knights between Henry III and his
legislative power), on from each shire and two barons (notoriously Simon
important issues. This Royal burgesses from de Montfort) led to a
Council evolved into a each borough amongst parliament divided into
Parliament. it members two main bodies:

32. 22
Royal Assent: a short historical overview
The House of
Lords composed
of bishops, earls, As a result, no any
barons and new law would
The Monarch would, therefore,
abbots become law unless
seek the advice and consent
the Monarch's Assent
of both Houses before making
was obtained, as the
and:
and: any new law
Monarch was, and still
remains, the enactor
The House of of laws
Commons, which was
composed of knights Hence, all Acts include the clause: "Be it enacted by the
(representatives of Queen's most Excellent Majesty, by and with the advice
the shires) and and consent of the Lords Spiritual and Temporal, and
burgesses Commons, in this present Parliament assembled, and by the
(representatives of authority of the same, as follows
the boroughs)

33. End of part 1 of Sources of Law