Description of the legal term Legislation:
Legislation refers to laws that are enacted by a governing body with the authority to create laws, which, in the British context, are primarily the Parliament of the United Kingdom. It represents one of the essential sources of law in the UK, alongside common law (judicial precedents), and is crucial in shaping the legal framework within which individuals, institutions, and the entire society operate.
Primarily, there are two fundamental forms of legislation in the UK: primary legislation and secondary legislation. Primary legislation consists of Acts of Parliament or statutes, which are legal norms that have gone through several stages in both the House of Commons and the House of Lords and have received the royal assent from the monarch to become law. Once an Act of Parliament is in force, it takes precedence over all other forms of law, except European Union law, as long as the UK was a member.
Secondary legislation, also called delegated or subordinate legislation, consists of laws derived from an existing Act of Parliament. It allows for more minor, technical details to be added or amended without the need for a new Act to be passed through Parliament—a process that can be timely and complex. It is usually created by individuals or bodies (such as government ministers) who are granted powers by an Act (the ‘parent’ Act) to make further regulations with the scope set out by that Act.
Legislation is crafted to address a wide range of societal issues, from criminal law to civil rights, environmental regulations to employment laws, and beyond. It often embodies the social, economic, and political policies of the government currently in power, which demonstrates the dynamic and responsive nature of legislative processes to the changing needs and values of society.
The process of creating legislation involves several stages, including drafting, scrutiny, debate, and amendment, before it can become law. These stages ensure that legislation is thoroughly examined and that there is an opportunity for public and parliamentary debate and input.
Legal context in which the term Legislation may be used:
A pertinent example of legislation in the UK is the Human Rights Act 1998. This Act incorporated the European Convention on Human Rights into domestic British law, ensuring that individuals within the UK could seek redress in the domestic courts for breaches of their rights listed in the Convention. The Act imposed a duty on public authorities to act in compliance with the Convention rights and provided for the interpretation of all UK legislation, so far as possible, in a way that is compatible with those rights.
Another example would be the Equality Act 2010, which streamlined and consolidated previous anti-discrimination laws into one piece of legislation. It covers discrimination based on various personal characteristics, like age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. This Act placed a requirement on employers, service providers, and public bodies to consider the needs of individuals in their day-to-day work and the delivery of services.
The role of legislation in the British legal system is foundational, providing structure and clarity for the operation of law and governance. It is critical in defining the rights and responsibilities of the citizen, as well as outlining the powers and limits of the government and public bodies. Being based on democratic principles, legislation also serves as a reflection of the society’s collective moral and political values at a given point in time, illustrating the flexibility of the British legal system to evolve and adapt to change.
