Legislation and the law

 

When finding out your rights, there are two main types of national law: legislation, which is Acts of Parliament passed by government, and case law, which is decisions made by judges interpreting the Acts of Parliament.

Parliament is significant in making law as it not only makes Acts but is also is able to delegate the ability to make law to other sources, such as local councils. In addition, parliament is able to delegate the ability to make sets of rules which are used to make decisions.

A statute usually covers one distinct topic which becomes the name of the piece of legislation - Law of Property Act and Theft Act are two examples. The Act is then followed by a date which is the year the Act is passed, although this rarely corresponds with the year the Act comes into force.

Parliament-created statute is different to laws created by a body with delegated powers to create legislation. Laws created because of delegation are usually statutory instruments and are known as secondary legislation. Law of this nature requires a parent Act, which is an Act of Parliament that specifically grants the power to the body and sets parameters which must be adhered to by the law-making body.

In addition to laws and rules created though legislative powers, laws are also created by courts. Common law is a term used to define law that has been made in courts and evolved over the years, rather than law made by statute.

If you would like to obtain legal advice on legislation, law made by parliament or other origins of law, Caven can put you in touch with a local specialist solicitor free of charge. So, if you have any questions or would like our help in finding local solicitors please call us on 08001 221 2299 or complete the web-form above.

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