Legislation is one of the most important instruments of government in society and protecting citizens. It determines amongst others the rights and responsibilities of individuals and authorities to whom the legislation applies,an example of a legislation approved in order to benefit the work force and their well-being is Workers over 18 are usually entitled to 3 types of break – rest breaks at work, daily rest and weekly rest..
Another source of law in England and wales is the European law. EU law, in another words European Union law, is a system of law that affects and contributes to the 28 members of the European Union. This system overpowers the national law of each member country if there is a conflict which arises between the national law and the EU law. EU law affects a wide range of different matters such as agriculture and competition law. As the European Union expanded , the goal was to create a “ level playing field” and harmonise the laws across the Union regarding certain matters. It is a very modern approach of law which only started to develop in the 20th century. EU law is important because it ensures that the populations of the member states are treated, and treat others, equally. In addition to this common law is another compartment of the 4 sources of law elaborated on within this discussion, Common law is generally uncodified meaning that there is no comprehensive compilation of legal rules and statutes. Furthermore, it is largely based on precedent, meaning the judicial decisions that have already been made in similar cases. These
precedents are maintained over time through the records of the courts as well as yearbooks and reports. The precedents to be applied in the decision of each new case are determined by the presiding judge. This means that the judges has an enormous role in shaping British law. Common law functions as an “adversarial system”, a contest between two opposing parties before a judge who moderates. Ultimately ,the judge determines the appropriate sentence based on the jury’s verdict. Lastly , the human rights act is a uk law which was passed in 1998. This particular law allows to defend rights of a person in uk courts and forces public organisations such as the government, police and local councils to treat people with fairness, equality, dignity and respect. The Human Rights Act protects all individuals – young and old, rich and poor.
Arguably legislation is the most important source of law however prior to parliamentary legislative process beginning , a policy objective will have been identified by the government of the day. The policy objective may have been set out in a political manifesto or included in an official consultation document named green paper. The letter puts forward proposals which interested parties may consider and give their views on. The green paper is followed by a white paper which contains specific reform plans, the governmets legislative plans are outlined in the queen’s speech in may. One of the primary functions of the Houses of Parliament is to pass legislation or Statute Law. Green and White Papers outline proposals for legislative change and are open to public consultation. Green Papers may contain alternative policy options inviting public comment whilst White Papers are more detailed. Legislation starts in the form of a Bill of which there are two types; a Public Bill, which changes the law as it is applied to the general population and a Private Bill which changes the law as it applies to individuals or organisations. Private Members Bills may be proposed under the Ballot, the Ten Minute Rule and Presentation. These rarely end up in the Statute book although some notable exceptions are The Abortion Act 1967 and the Murder (Abolition of the Death Penalty) Act 1965. The Bill is then required to pass a series of stages in both the House of Commons and the House of Lords before it finally receives Royal Assent and becomes an Act of Parliament. Delegated legislation or subordinate or secondary legislation is made by bodies other than Parliament such as Government Ministers, Local Authorities or specific organisations. The authority to delegate legislation is contained within the enabling Act. Most delegated legislation is in the form of Statutory Instruments, although other forms exist such as Orders in Council, byelaws, Court Rule committees and professional regulations.
Legislation is designed in order to ensure that employers and workers are aware of their responsibilities and to protect the employees. This has been evident in a number of changes to employment legislation, which impact the large numbers of employees.
There are benefits to improving employment practices, aided by legislation, including a more positive, engaged workforce. By looking after the wellbeing of employees leads to improved work ethic and commitment. Ultimately, open communication about the processes and implications of new legislation will ensure both parties are suitably positioned to implement changes. This example of legislation in progress emphasizes the importance of it as a source within England and wales due to the fact that the procedures of the legislation look at both parties resulting in a fair law which benefits both the employer and employee decreasing the possibility of a disagreement therefore preventing disputes. An example of a legislation that has been passed In order to benefit both parties is the Zero Hours Contracts (UK) which further protects workers. “Zero-hours contracts has recently come into force. Zero-hours contracts, or casual contracts, allow employers to hire staff with no guarantee of work and mean employees work only when they are needed by employers, often at short notice”. The law prevents employers from enforcing ‘exclusivity clauses’ in a zero hours contract which would stop an individual from working for another employer. The regulations also prevent the dismissal of workers for refusing to agree to an exclusivity clause. This shows that the legislation is an extremely effective and important source of law within England and wales due to the fact that in the process of making the law, representatives within the commons consider the workers which could be considered the ordinary people and the lords who consider the middle and upper class within the society come to an agreement which benefits both sections of the society resulting in a fair legislation due to the fact that the bill cannot be passed until both the lords and the commons agree.
Another important source of law within England and wales is the EU law, also known as the European law. EU laws overcome any conflicting laws of member countries.
Two important ideas make this system work. These are ‘supremacy’, meaning the higher status of EU laws compared to national laws, and ‘direct effect’, meaning that EU laws can be relied on in court. This guarantees that EU rules are followed in all member countries. For any provision of union law to have direct effect and in order to be recognized as capable of enforcing legal effects within the national legal system, it must fit the justified criteria. The relevant provision must be clear and precise, secondly the provision must be unconditional and leave no room for discretion, lastly the deadline for the implemented application of the relevant union previsions must be expired. If these criteria are fulfilled then the EU law becomes eligible to cause effect. The principle of supremacy describes the relationship between EU law and national law. The EU law should prevail if it conflicts with national law, this ensures that EU rules are applied uniformly throughout the Union. The UK has accepted the supremacy of EU law for some time. The European Communities Act, passed by Parliament in 1972, accepted the supremacy of EU law. That principle has also been endorsed by the UK courts. Given the doctrine of Parliamentary sovereignty in the UK, meaning that there are no limits on what Acts can be passed or removed, it might be possible for Parliament to contradict EU laws. But this would seem incompatible with continued membership of the EU.