Sample Answer
Law-Making and the Judiciary in England and Wales
Question 1
The ideas for new Acts of Parliament can originate from many sources. Most commonly, they come from government departments that identify areas where the law needs reform or improvement. Ministers often propose new legislation as part of their political responsibilities or to fulfil promises made in the government’s manifesto. However, not all ideas come from the government. Pressure groups, the media, businesses, or members of the public can also highlight social or legal problems that inspire new laws. For example, campaigns around environmental protection or road safety have often led to new government proposals. The Law Commission, an independent body, also plays a key role in reviewing and recommending legal reforms where the law has become outdated or inconsistent.
Once an idea for a new law is approved by the government, it is drafted into a Bill. This Bill is then introduced into Parliament, where it goes through several stages of debate and amendment in both the House of Commons and the House of Lords. When both Houses agree on the final version of the Bill, it is sent to the monarch for Royal Assent.
Royal Assent refers to the formal approval given by the King (or Queen) that allows a Bill to become an Act of Parliament. Although Royal Assent is largely a formality in modern times, it is an essential constitutional step in the legislative process. Once the monarch gives approval, the Bill officially becomes law. The last time Royal Assent was refused was in 1708 by Queen Anne, showing how this part of the process is now more symbolic than political.
Question 2
Delegated legislation refers to laws made by bodies or individuals other than Parliament, but under powers given to them by an Act of Parliament, known as an enabling Act. It is used because Parliament does not have the time or technical knowledge to deal with every small detail of legislation. For example, local authorities may make by-laws about parking, or government ministers may issue detailed regulations about health and safety.
Delegated legislation is controlled in several ways to prevent abuse of power. Parliament keeps control through scrutiny committees, which review whether the delegated authority has been used appropriately. Some forms of delegated legislation must also be approved by Parliament through affirmative or negative resolution procedures. The courts provide another level of control through judicial review, which allows judges to declare delegated legislation invalid if it goes beyond the powers granted by Parliament (known as being ultra vires). Public consultation and transparency requirements also help ensure that delegated legislation is fair and accountable.
When the two Houses of Parliament disagree on whether a Bill should become an Act, the Parliament Acts of 1911 and 1949 allow the House of Commons to override the House of Lords in certain situations. This means that if the Lords repeatedly reject a Bill, the Commons can still pass it without the Lords’ consent after a specific time period. An example is the Hunting Act 2004, which banned hunting wild mammals with dogs. The Lords opposed the Bill, but the Commons ultimately used the Parliament Acts to pass it, demonstrating the supremacy of elected representatives in the legislative process.
Question 3
The judiciary in England and Wales plays a central role in interpreting and applying the law. Judges ensure that trials are fair, that justice is delivered, and that laws are correctly interpreted according to Parliament’s intentions. They also oversee judicial review, which ensures that public authorities act within their legal powers. The judiciary acts independently from both Parliament and the government, which is essential for maintaining the rule of law and protecting citizens’ rights.
One argument supporting the idea that judges create law is based on the concept of judicial precedent. When judges decide cases, their rulings become precedents that other courts must follow in similar situations. This system means that judges, in effect, “make” law by developing legal principles over time. For example, in Donoghue v Stevenson (1932), the House of Lords established the modern law of negligence by creating a duty of care principle, which was not explicitly stated in legislation.
However, an opposing argument is that judges do not truly create law but rather interpret and apply the law made by Parliament. The doctrine of parliamentary sovereignty means that Parliament is the supreme law-making body. Judges must apply statutes as written, even if they disagree with the outcome. Their role is therefore interpretive rather than legislative. While judges may fill gaps or clarify ambiguities, the ultimate authority to create law lies with Parliament, not the judiciary.
