Topic > Overview of the law reform process in English...

The aim of this essay is to explain the process of law reform within the English legal system. We will also discuss how the work of parliament and the judiciary affects the way laws are reformed in the UK. The common law system in the United Kingdom means that the primary legal principles of the United Kingdom were developed by the judiciary rather than parliament. However, as parliamentary sovereignty is an important key principle of the UK constitution, parliament is the supreme legal authority of the UK. Parliament can create, amend or repeal any law and, in general, the judiciary cannot overturn legislation passed by parliament. The primary source of legislation and law reform in the United Kingdom is the Westminster Parliament, made up of the House of Commons and the House of Lords. Parliament amends existing legislation to update the law to take into account additional factors that may have influenced a particular area of ​​law. Green Papers and White Papers, also known as discussion papers or bills, are presented to Parliament for debate. These documents contain details of ideas for new laws or ideas for reforming or amending existing laws. Bills go through several stages known as readings before becoming Acts of Parliament. At first reading, the proposal to amend the law is formally presented to Parliament. The second reading gives Parliament the opportunity to discuss the general content of the bill. At the committee stage, a detailed examination of the proposals takes place and proposed amendments are presented. Any changes made are discussed further at the reporting stage. The third reading is... halfway down the page... the judiciary will then be able to apply the rules as Parliament intended them to be applied. The sovereignty of parliament prohibits the judiciary from reforming or creating laws. However, the lack of parliamentary time for debate and areas of law where there is uncertainty as to what was intended offers the judiciary the opportunity to change, develop and modify the law in the UK through the process of statutory interpretation. In addition to this, the judge can refer cases to the European Court of Justice to have an influence on legislative reform in the UK. Works CitedAdams, JN and Brownsword, R (1999) Understanding Lwa, London, Sweet and Maxwell, pp. 238 -44.Arden, M. (1998) 'Modernising Legislation', Public Law, Sweet and Maxwell, Spring 1998, p. 65. Cownie, F and Bradney, A. (2002) English Legal System in Context, London, Butterworths, pp. 293-4.