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Organs of Government/Creation of Statute (Human Rights Act 1998 (Protects…
Organs of Government/Creation of Statute
Does the UK have a constitution
Yes but it is an unwritten constitution unlike America
It is not a single document and it can be found in case law, Acts of Parliament, Magna Carta, Bill of Rights etc
Notes
Parliament is not bound by past Parliaments and it may not bind future Parliaments.
No Act of Parliament may be entrenched. Meaning cannot be altered.
Once an Act of Parliament has been made its validity may not be questioned in the courts or by other bodies. Parliamentary Sovereignty.
There is a presumption of statutory interpretation that Parliament does not intend to legislate in contravention of an international treaty to which the UK is a signatory.
Should Statute and Case law conflict statute law will prevail.
A judge's role is to interpret statute.
What is Parliament
The House of Commons
The Government
The Opposition
The House of Lords
Question and Challenge the Government
Shape Laws via Bills with the House of Commons
Investigate Issues with comittees
What does it do
Making and passing new laws
Scrutinise what the Government is doing e.g. spending taxes.
MP's suggest subjects to be debated
Represent the public
Highest authority in the UK
The Monach
How Laws are Made
Bill drafted my House of Commons
Read out in the House of Lords (First reading)
Debated by the House of Lords (Second Reading). Look at the positives and negatives of the Bill on society.
Committee Stage - Bill is examined finding any loopholes and clauses etc.
Report Stage
Third Reading
Then goes between the Houses to debate changes.
Once agreed it is given Royal Assent (formality) and becomes a law
Types of Legislation
Primary - Act of Parliament which establishes the main principles of a new law.
Secondary - Delegated Legislation allows parliament or other bodies to address the finer detail of the Act.
Human Rights Act 1998
Protects everyone who is a resident in the UK and allows you to defend your Rights and compels organisations like the Government, police and local councils, unless under statutory duty to act in that way.
Based upon the articles of the European Convention on Human Rights.
The Right to Life
The prohibition of torture and inhuman treatment
Protection against slavery and forced labour
The right to liberty and freedom
The right to a fair trail and no punishment without law.
Respect for privacy and family life and the right to marry
Freedom of thought, religion and belief
Free speech and peaceful protest
No discrimination
Protection of property
The right to education
The right to free elections
The importance of having a separate Judiciary
They are free from external pressures and influences e.g. party policies
Free from corruption
How is is kept seperate
Difficult to remove Judges (not voted in like government every 5 years)
Full-time Judges disqualified from membership in the House of Commons
Immune from being sued
Separation of powers
Separate Supreme Court following the Constitutional Reforms Act 2005 abolished the judicial powers of the House of Lords
Right to a fair trial
Increases public confidence
Stability in the interpretation of the law