LSM Assignment

Introduction

MARUF HASAN
CHE 126
Batch 3
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1. What is law? Discuss the law-making process of parliament.

> According to W.H. Auden “Law is law”. Some of the philosophers states some basic from of law, are:

*Law is system of rules laid down by a body or person with the power and authority to make law;

*Law is what legislator, judges and lawyers ‘do’;

*Law is system of rules grounded on fundamental principle of morality.

So, the brief definition of law is,

“Law is a set of rules which is created, operated, regulated, enforced by a high authority”

~Parliament is the main source of producing law in UK. Their law-making power is sovereign. After the
‘Glorious revolution’ in 1688 parliament become the superior over the crown. The law created by the
parliament is known as Act of parliament, Primary legislation, Statutory law and statute.

Parliament follows some procedure to make the act of parliament. The law-making process of
parliament is divided into two parts,

Pre-parliamentary process

Draft legislation is known as ‘Bill’. This is the process of drafting the bill after getting the approval of the
‘Executives’. There are 4 stages of this process;

(i)Consultation: Here the executives give their “Oral proposal” of a certain law.

(ii)Green paper: This is the first formal written proposal of the oral proposal which established in 1967

(iii)White paper: This is the Firm/Ultimate/Amended written proposal of the green paper.

(iv)Drafting the bill: After getting approval by the executives the bill becomes ready for the further
process.

Parliamentary process

After drafting the bill, the Bill must get the approval by the both houses (HL, HC). The bill can be sent
whether in ‘House of commons’ or in ‘House of lords.

After sending the bill to a house there are some stages for the approval;

i)First reading: The person who presents the Bill is called Promoter. The promoter presents the bill to the
speaker of the house to approved it.

ii)Second reading: After getting approval from the speaker in this part the members of the house
Debates on the accuracy of the bill. If there is no opposition party or no debate on the bill then the
voting starts in this stage.
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iii)Committee stage: If there occur too much debate on the bill then the bill sent to the relevant
committee for reviewing the bill. This stage is known as the “Repair stage” of the bill.

iv)Report stage: After amendment (if there is any) of the bill, the relevant committee gives a report to
the parliament or the certain house.

v)Third reading: This is quite similar to the second reading. Here the members debate on the reported
bill. Then the voting gets started.

After getting approval from a certain the bill moves to the next house. The above stages are repeated in
the next house.

If the bill passed by the both house the bill goes to the Crown/King/Monarch for the “Royal assent”. A
bill becomes an ‘Act of parliament’ once it receives the royal assent.

[Link] process: An inquisitorial system is a civil law legal system, where the court, or a part of
the court, is actively involved in investigating the facts of the case. In an inquisitorial system, the trial
judges (mostly plural in serious crimes) are inquisitors who actively participate in fact-finding public
inquiry by questioning defense lawyers, prosecutors, and witnesses.

Civil law System: The civil law system is a codified system of law which is derived from the ancient
Roman term “jus civile” literally meaning citizens’ law, which was used to denote the law enforced
exclusively in the city of Rome. It is also called Romano-Germanic law. There is generally a written
constitution based on specific codes (e.g., civil code, codes covering corporate law, administrative law,
tax law and constitutional law) enshrining basic rights and duties.

Public law: Public law is a set of rules that govern the relationships between private individuals or
private organizations and public bodies (like Government departments and local authorities). In general
terms, public law deals with issues that affect the general public or society as a whole. Some other laws
that fall under this public law umbrella are:

*Administrative law

*Constitutional laws

*Criminal laws

*Municipal laws

*International laws
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Delegated legislation: Delegated (or subordinate or subsidiary) legislation refers to those laws made by
persons or bodies to whom parliament has delegated law-making authority. Parliament has regularly and
extensively delegated to the Executive Government limited power to make certain regulations under
Acts. There are three forms of delegated legislation i.e., statutory instrument, orders in council and by-
laws.

Margin of appreciation: The margin of appreciation (or margin of state discretion) is a legal doctrine
with a wide scope in international human rights law. It was developed by the European Court of Human
Rights to judge whether a state party to the European Convention on Human Rights should be
sanctioned for limiting the enjoyment of rights. A case dealing with the margin of appreciation and one
that received much publicity is (Lautsi v Italy) (Application no. 30814/06), heard by the Grand Chamber
of the ECtHR in 2011.

3. What is common law? Discuss the distinction between common law and equity, Describe 2
Equitable remedies.
> Common law is an unwritten body of laws based on judicial precedents. For unusual cases where the
result cannot be decided on the basis of current laws or written law regulations, common law guides the
decision-making process. Common law is followed in many parts of the world, including Australia,
Canada, Hong Kong, India, New Zealand, and the United Kingdom.

The word ‘equity’ means fair or just in its wider sense, but its legal meaning refers to legal rules that
were developed by the courts to overcome some of the inflexibility of the rules and procedures of
common law courts. Equity usually provides the “Natural justice” to the citizens.

There are some distinctions between common law and equity; which is given below,

Common law Equity

[Link] law was established by the ancient [Link] was established by the court of chancery
common law courts.
[Link] are made by reference to precedents [Link] emphasis is lain on fairness and flexibility.
[Link] in Rem [Link] in personam
[Link] general rule which provide certainty [Link] as a check and balance of common law
[Link] only remedy is damages [Link] as to do or not to do something:
*Monetary compensation. *Specific performance;
*Injunction;
*Rescission;
*Rectification.
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4. Describe/Draw the court structure of UK.

Hierarchy of courts in the UK

Supreme court

Criminal division Civil division

Court of appeal Court of appeal

Crown court High court of justice

Magistrates court County court

5. What is rule of law, discuss its relationship with the independence of Judiciary.
Rule of law is the concept that no one is above the law – it is applied equally and fairly to both the
government and citizens. Rule of law implies that every citizen is subject to the law. By having a strong
rule of law, governments give business and society the stability of knowing that all rights are respected
and protected. Without the rule of law, autocracy, corruption, impunity, discrimination, and a host of
other societal ills go unchecked and unpunished.

**The key to fostering and establishing the ‘rule of law’ is to ensure that the judiciary is not only
independent but appears to be independent, in order to gain the confidence of the public. The greatest
danger to independence comes from the interference of—perceived or otherwise—government
institutions or political parties. This paper from the International Centre for Criminal Justice Reform and
Criminal Justice Policy examines the concept of judicial independence as it has been applied in the major
industrialized nations. Judicial independence is the ability of a judge to decide a matter free from
pressures or inducements, and freedom of the institution as a whole from government or other
concentrations of power. This concept is enshrined in the 1948 Universal Declaration of Human Rights, in
the principles of equality before the law (Article 7), the presumption of innocence (Article 11) and the
right to a fair and public hearing by a competent, independent and impartial tribunal established before
the law (Article 10). These rights were further endorsed by the United Nations (UN) in its adoption in
1985 of the Basic Principles on the Independence of the Judiciary, and of the Procedures for the Effective
Implementation of the Basic Principles on the Independence of the Judiciary in 1989.
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