PUBLIC LAW
This branch of the law governs the relationships between the state and other states, and between the individual and the state, under such major headings as:-
Constitutional Law, Administrative Law, Criminal Law
Constitutional Law is about the system, the framework, of who and how, and how come to, govern, by which laws how made and applied, as the state; e.g., the Parliaments Acts 1911, 1914.
Administrative Law defines and controls the limits of government, mostly protecting against absolute power, enabling complaints and appeals against the state -e.g., the Human Right Act 1998.
Criminal Law regulates such conduct of the individuals as are regarded to be against the society, actionably, punishably, by the state; e.g. Offences Against the Person Act 1861.
THE DIFFERENCE BETWEEN PUBLIC AND PRIVATE LAW
The differences are, mainly, these:-
Public Law are those categories of law, such as Administrative, Constitutional, Criminal, which involve the conduct of the state in relation to itself, or in relation to society generally, through one or more individuals, or the conduct of the individual against the society -mostly through one or more other individuals, in representing the society.
Private Law, i.e., Family, Tort, Property, Commercial -with its branches, chiefly, involves the state as only the arbitrator in personal or collective dealings between the individuals.
THE DIFFERENCE BETWEEN CRIMINAL LAW AND CIVIL LAW
IF IT IS CRIMINAL LAW…
1. It is Public Law2. It is between the state and the individual or organization
3. The state (Crown Prosecution Service) complains, prosecutes)
4. It is registered as R –v- name of the accused (R = Rex/Regina –the monarch)
5. Proof is the states, beyond reasonable doubt
6. It is dealt with by Magistrates, or by Crown Court
7. It is Not Guilty or Guilty and a Sentence –imprisonment/community-service/fine and trial costs unless on legal assistance
IF IT IS CIVIL LAW…
1. It is Private Law2. Its is between individual/s and/or organization/s
3. The individual/s or the organization sues
4. It is Complainant (plaintiff) –v- Defendant (their names)
5. Proof is on a balance of probabilities
6. It is dealt with by a County Court or the High Court
7. It is a Judgment and the winner is awarded a remedy and, normally, costs
THE LEGISLATIVE PROCESS IN ENGLAND
The Sources of English Law
Main sources of law in England are:-
Main sources of law in England are:-
1. Legislation -including Delegated Legislation...
2. Precedent (Judge-made law) -which mostly comprises of the Laws of England and Wales and as (differently) applied in Northern Ireland (the basis being same of the slightly differing Scottish Law -and of the laws of many countries of the British Commonwealth)...
3. European Union Law -which is increasingly becoming the major source of English Law (expecting compliance with also the European Convention on Human Rights -the enhanced version of the Universal Declaration of Human Rights) -e.g., the Human Rights Act 1998 (implemented in 2000) incorporated into English and all United Kingdom law.
2. Precedent (Judge-made law) -which mostly comprises of the Laws of England and Wales and as (differently) applied in Northern Ireland (the basis being same of the slightly differing Scottish Law -and of the laws of many countries of the British Commonwealth)...
3. European Union Law -which is increasingly becoming the major source of English Law (expecting compliance with also the European Convention on Human Rights -the enhanced version of the Universal Declaration of Human Rights) -e.g., the Human Rights Act 1998 (implemented in 2000) incorporated into English and all United Kingdom law.
The Legislator, is the Parliament.
The Parliament is the House of Commons, and, the House of Lords -with the Monarch.
The House of Commons are the elected representatives ~mostly from political parties -with committees and 'whips' (who deal, mostly, with the discipline of their members). By "the supremacy of Parliament", in fact, is meant the 'supremacy' of this House -since the Parliament Acts 1911 & 1949 it can bypass the House of Lords, and, since Queen Anne, in 1707, conventionally, to every Act of it the Monarch always assents.
The House of Commons are the elected representatives ~mostly from political parties -with committees and 'whips' (who deal, mostly, with the discipline of their members). By "the supremacy of Parliament", in fact, is meant the 'supremacy' of this House -since the Parliament Acts 1911 & 1949 it can bypass the House of Lords, and, since Queen Anne, in 1707, conventionally, to every Act of it the Monarch always assents.
The House of Lords are the unelected representatives, so knighted 
by the Monarch, some as Hereditary Lords (the eldest son inherits the title) and many increasingly as Life Peers -almost always upon the recommendation of the political parties themselves; the numbers were limited of them with voting rights by the government at the beginning of the 21st century and its members have been considered that should be selected by a panel appointed by government. Its Right to Veto the Commons has been, since 1911, inconsequential, and since 1949 within a year invalid -it serves in effect as a chamber of second opinion and its decisions are not binding on the House of Commons and occasionally have not been followed.
by the Monarch, some as Hereditary Lords (the eldest son inherits the title) and many increasingly as Life Peers -almost always upon the recommendation of the political parties themselves; the numbers were limited of them with voting rights by the government at the beginning of the 21st century and its members have been considered that should be selected by a panel appointed by government. Its Right to Veto the Commons has been, since 1911, inconsequential, and since 1949 within a year invalid -it serves in effect as a chamber of second opinion and its decisions are not binding on the House of Commons and occasionally have not been followed.The Monarch, since 1707, may not veto Parliamentary Legislation; but, must formally assent to it -although she does not personally sign it, before it can become legislation.
Legislation is a law, in the form of a Statute. It is formally enacted -or made, by or by the authority of the Parliament, effective when assented to, as an Act of Parliament.
Acts of Parliament, 'Statutes' are laws, produced by the Parliament, and comprise also of less important law, with the authority of the Parliament, as Delegated Legislation.
Delegated Legislation enables the management of major Legislation by the Legislator -Health & Safety Act 1974, the COSSH Regulations 1988.
Legislation is a law, in the form of a Statute. It is formally enacted -or made, by or by the authority of the Parliament, effective when assented to, as an Act of Parliament.
Acts of Parliament, 'Statutes' are laws, produced by the Parliament, and comprise also of less important law, with the authority of the Parliament, as Delegated Legislation.
Delegated Legislation enables the management of major Legislation by the Legislator -Health & Safety Act 1974, the COSSH Regulations 1988.
Statutory Instruments by the Executive's ministers, through other bodies, make effective such Legislation as about health and safety, transport, and as about social-security and taxation.
Orders in Council are by the Monarch with the Privy Council, in cases of emergency -also on appeal from some Commonwealth countries.
Orders in Council are by the Monarch with the Privy Council, in cases of emergency -also on appeal from some Commonwealth countries.
By-Laws are made, mostly, by Local Councils (Town Halls as, or as part of, County Halls) -by locally and independently elected town or county mayors and councilors with knowledge of their individual districts.
The advantages of delegating legislation is that it enables saving time, expertise, and flexibility; the disadvantages are that it gives wide powers to make laws without debate and which may not be as much publicized as the Acts of Parliament themselves and as much known to the public.
A Bill is a proposed legislation normally producing an Act of Parliament -it normally begins with one or another type of Bill being introduced.
Types of Bills
The type of a Bill depends on who propose the legislation -as follows...
Public Bills by government, proposing legislation affecting the nation as a whole -were so introduced the Criminal Disorder Act 1998, and, the Access to Justice Act 1999.
Private Member's Bills by members of Parliament, which may be of national effect -the Arbitration Act 1967, the Disability Discrimination Act 1996, both, began so.
Private Bills by individuals, through a member of Parliament, affecting fewer -such a bill proposed the University College London Act 1996.
A Bill, with slightly variations depending on its type, before becoming Law, goes through a number of stages.
A Bill, with slightly variations depending on its type, before becoming Law, goes through a number of stages.
Stages of a Bill
The Stages of a Bill are, sometimes strictly, with adherence to set procedures, Readings, at both the House of Commons and the House of Lords:-
The First Reading involves formally, mostly, Naming the Bill, with its date, and making available printed copies of it, normally, with no, or very little, debate on it...
The Second Reading involves Explaining the Bill -debating its general principles, and voting on it...
The Second Reading involves Explaining the Bill -debating its general principles, and voting on it...
The Committee Stage involves the political parties, which are represented proportionately, putting forward their views -or expert opinion being obtained on it; and at the Report Stage the House being informed of these and the Bill being voted on.
'Division' sometimes takes place on how to vote on the Bill among the Members of Parliament, and when so, an Eight-Minute Break is allowed them and their Party Whips to discuss it and to decide how to vote on it.
The Third Reading, usually, is, with any verbal amendments to the Bill, the final vote.
This procedure is followed by both of the Houses of Parliament, except that Bills may begin not at the House of Lords if they are to do with such matters as taxation.
This procedure is followed by both of the Houses of Parliament, except that Bills may begin not at the House of Lords if they are to do with such matters as taxation.
The Royal Assent involves the Signing of a Bill that has gone through all of its previous stages successfully, by the Monarch ~but the Monarch need not, and does not, personally sign it -conventionally, the Monarch does not refuse; and, unless stated that it will become so after a time interval, from then on a Bill becomes formally an Act of Parliament, Law which often authorizes delegated legislation too.
It is considered essential to inform the public of the laws proposed and of the laws made, and this is done, at different stages, by way of publishing a White Paper, a Green Paper, and a Statute -delegated legislation also being made in printed form publicly available.
These procedures may sometimes be confusing: e.g., section 6 of Employment Protection (Consolidation) Act 1985 was a Bill introduced as being intended to be of psychological effect only and not of any legal effect before passing all of its stages and becoming Law.
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