The document discusses the legislative process in the UK and limitations on parliamentary sovereignty. It identifies advantages like the democratic process and transparency, and disadvantages such as confusing language and structure in acts of parliament. Parliamentary sovereignty means parliament can make any law and is not bound by previous decisions, though it is limited by EU membership, the Human Rights Act 1998, and devolution which allows Scotland and Wales to make some laws.

1. Starter: Draw a diagram to show the pre-legislative stages

2. Present your research about proposed bills from previous lessons.

3. Act of Parliament 4 Learning Objectives: To identify the current problems with the legislative process To explain what Parliamentary Sovereignty is.

4. Using your knowledge….. Of the legislative process so far, can you identify what you think may be advantages and disadvantages? Discuss with the person sitting next to you.

5. Advantages Democratic Process – HC democratically elected therefore legislation should reflect will of public. Transparent and Open Debate – Takes place in public and consultation process allows public to directly influence content of legislation Lengthy Process – makes it possible to spot mistakes and make amendments through various stages of process Objective View – due to number of viewers and editors Contingency – contingencies can be covered which offers protection.

6. Disadvantages Language – Renton Committee (1975) stated language used in many of Acts was obscure and complex. Over-elaborate – RC stated acts over-elaborate because draftsmen tried to provide for every contingency Structure often illogical and lack of accessibility– RC reported structure not suitable; many sections missing, schedules often attached, & other Acts have to be consulted e.g. CJA 2003 has 339 sections and only had 11 sections in force when rec’d Royal Assent! Confusing – bills can often be confusing due to amount of editing The standing committee - is not, as it states, a standing committee. MPs involved have vested interest in the bill, making it possible for bias Too much delegated legislation - because of shortage of parliamentary time which is not subject to such tight controls.

7. Parliamentary Sovereignty/Supremacy – What is it? Parliament is supreme over any other law e.g. Judicial Precedent, Delegated Leg, previous statute. Highest source of English Law Effect: As long as a law has passed the correct legislative process, it MUST be applied by the Courts, even if it would cause public unrest. Lets look at some examples of some silly laws that still exist…… The world's strangest laws - Times Online

8. What’s the point in it? Idea is that Parliament (unlike judiciary) is democratically elected and therefore should have the advantage over the judiciary when making laws that every citizen has to live by.

9. Dicey on Parliamentary Sovereignty … He said… Parliament can legislate on any subject matter. No parliament can be bound by any previous Parliament, nor can a Parliament pass any act that will bind a later Parliament. No other body has the right to override or set aside an Act of Parliament.

10. 1. Legislating on any subject-matter Parliament can make any law it wishes, e.g. in 1700 Parliament passed the Act of Settlement which changed who can succeed the throne, to not allow the children of King James II to succeed the throne (they were in line).

11. 2. Cannot bind successor Parliament should be able to make whatever laws it wants to, which means they should not be bound by laws made by the previous Parliament (so they can bring new laws in line with their views). Parliament will use its judgment to decide which laws should remain and which should be repealed.

12. 3. Cannot be overruled by others Even where Parliament has made laws because of incorrect information, Parliament is supreme so must be followed by all other institutions (with 3 exceptions). British Railways Board v Pickin (1974) Pickin claimed that the British Railways Board had concealed information which led to Parliament passing the British Railways Act 1968. The Act meant that Pickin lost his house.

13. Limitations on Parliamentary sovereignty Membership of the EU Effect of the Human Rights Act 1998 Devolution

14. 1. Membership of the EU Membership of EU means EU law is supreme over UK law, even where EU law was passed after the UK Act of Parliament. e.g. EU stated that Merchant Shipping Act 1998 was contrary to EU principles of free movement of workers as the law stated that 75% of the owners of fishing boats had to be British.

15. 2. Effect of Human Rights Act 1998 We are unique – most countries have a Bill of Rights which sets out rights that individuals should have/live by. The Courts are able to refuse to apply legislation which infringes the Bill of Rights. We don’t have a Bill of Rights – instead we have the Human Rights Act 1998 which has incorporated the European Convention on Human Rights into our domestic law. Effect: we have to interpret UK law in line with Convention. All Statutes should be compatible with the Convention: H v Mental Health Review Tribunal (2001): The Court held that it is up to the state to justify the continuing detention of a mental health patient, not up to the patient to show why they should be released. As a result the Government changed this law in the Mental Health Act 1983 due to the declaration of incompatibility. (NB: Dec of Incompat. doesn't mean parliament has to change its law) s.19 HRA1998 – Government Minister must make a statement before 2 nd reading explaining bills compatibility (or not) with the convention.

16. 3. Devolution Scottish Parliament and Welsh Assembly mean that Scotland and Wales can make laws on some matters for their own countries without having to go through Parliament.

17. Tasks for Today and homework Using your notes and the textbook complete a mind-map of the topic Act of Parliament for an assessment on THURSDAY.