How Are Laws Made In England And Wales?
|✅ Paper Type: Free Essay||✅ Subject: Law|
|✅ Wordcount: 2702 words||✅ Published: 5th Jan 2021|
Parliament of England and Wales is responsible for creation of law. Parliament has three parts House of Common, House of Lords and Monarch, who plays an essential role in law making process. Legislation or statutes passed by Parliament take the form of Acts of Parliament. Parliament can also delegate some power to ministers of crown, local authorities, semipublic organizations, court rule committees, and the Privy Council (Mary Charman, Bobby Vanstone 2008).
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Bill first transferred to the House of Common then it will go to the House of Lords for implementation of changes if required. Before making it a law, it is necessary that both houses should agree on bill. The formal process of law creation is divided into six parts. First reading (Reading means bill first read out in parliamentary chamber); it is the introduction stage of bill into the parliament so that MP should prepare for further discussion. Second reading, in this stage, Minister in charge of the bill should explain the aim and objective of bill then he gives the answers to the MP’s question regarding bill, if MP is satisfied with the bill then vote will be taken at the end. After sufficient approval bill can be forwarded to committee stage. In the Committee stage, bill can be explained in detail and examined by MP’s standing committee, who can also add amendments to the bill. Next at stage four i.e. the Report stage, MPs can suggest amendments and then votes are taken for amendments. Third reading, it is the last stage where bill can be studied as a whole and then forwarded to the other house for amendments. In the final stage i.e. Royal assent, bill has completed itsparliamentary process and ready to become a law. In old times, it was necessary to get signed consent by Queen but nowadays Queen merely signs her general consent (Mary Charman, Bobby Vanstone 2008).
A new law should be clear and understandable, Statutory interpretation is the parliament’s responsibility to make a new law clear and easy to understand (Chynoweth 2002). Thus parliament has developed rules to assist them. These rules help people to understand the laws. Primary rules for statutory interpretation can be classified into three rules, first are Literal rule; in this rule courts should interpret the meaning of statute so that people can understand what message parliament want to convey. Second rule is Golden rule; which means when law has changed according to the literal rule and it gives an absurd result it means judge should change it and make it more clearly to people. Third rule is Mischief rule; this is the rule where court asked questions to the parliament about the law like what the intension of making this law, what mistake was held while explaining the law and what would be the solution for removing this error (Eskridge 1994).
This is the last stage of whole law process. Case law is refers to the judicial decision of the court. When a case is published it is known as Law Report. Law reports comprise the statement of facts, legal arguments, judgment and judicial reasoning. Only a small percentage of ‘legally significant’ cases, usually from the superior courts, are ever reported. When case law is not published (unreported), it may be available as a transcript of the judgment, or as a newspaper article.
Contract is an agreement,created by two or more than two parties having intention to create a legal relation, which has two elements; offer and acceptance made by competent person who have the capacity to change considerations(MacMillan & Stone, 2012). In England and Wales, contract is a set of terms and conditions about the selling good for example terms of sale, price, item of good, and the date of completion. When an agreement is completed and monies paid, any issue related the agreement between two parties can be raised according to the contract law.
Elements within the contract law are explained below:
A contract begins with an offer; offer can be defined as the intension to sell something or being in contract with someone, who can accept or reject offer, on particular terms and (MacMillan & Stone 2012). An offer is a proposal to sell or buy goods and services under specific terms and conditions. It is a necessary element of a contract. Offer has different forms like, television, newspaper, radio, fax, email etc. For example, a shopkeeper is offering a watch worth 3,000 it means he want to sell that watch, it is an offer created by shopkeeper to people. People can accept that offer or negotiate for the amount or reject.
Negotiation process has its own elements like, statement of intention, invitation to treat and request for information. Statement of intention is the instance when a person intends to do something but it is not necessary that he will do.For example,when business people use them for proposals and college applicants use them for acceptance into a college. Request for an information means when one party requested to the other party for information, it was not an offer for example, when one party wanted to know that what would be the lowest price that he would accept, then party telegraphed to second party. Invitation to treat is an invitation to make an offer but not an offer. For example, when shopkeepers offers buy one get one free deal then it was invitation to treat. If people visit the shop, they must give people two goods in the price of one.
A counter offer is the offer where one party can reject original offer and makes new terms and condition which can be accepted or not by second party (Gerald and Kathleen Hill n.d.). In other words when a person is not satisfied with original offer then he can create counter offer in which he placed new terms and conditions which can another person accept or reject. For example, a seller is selling a vehicle. A buyer arrives and offers $10,000 for the car and to get a higher price, seller counteroffer, and asking for $11,000.
Communication of offer
An offer must be communicated. If there is lack of communication, agreement cannot be done because a contract is an agreed bargain, and therefore, without knowledge ofoffer agreement cannot be done. For example,A and B are sitting together.An offers his scooter for 5,000 to B. reach the ears of B, the offer of A is complete.
Acceptance is the second important element of contract where one party accepts the offer and get into the contract with specific terms and conditions created by first party (MacMillan & Stone 2012). In other words when a person accepted all terms and conditions of offer given by person who created an offer, then it may consider as acceptance. The act of accepting the terms of offeror is called Acceptance. For example, when shopkeeper offers a watch worth 3,000 and buyer accepts the offer and purchase that watch at 3,000 it is called acceptance.
A consideration can be defined as the responsibility of both the parties participated in contract, one who created an offer or second who is going to accept that offer (MacMillan & Stone 2012). For example, if one party offers a watch worth $3,000 and second party accepted that offer then first party’s consideration is watch and second party’s consideration is $3000.
Equal Pay Act 1970 is the act which is created due to the increasing discrimination between men and women in respect to their pay, output and other incentives. After coming into force this act decreases the discrimination between men and women. It has different scenarios:-
Like work, is the scenario where men and women both are working similar nature of work, but women getting low pay as compare to the men. For example: a company employs male and female both for cleaning jobs and employer also gives some additional duties to man on occasionally basis like in rainy season etc., then female has the right to claim for equal pay if employer offers higher pay to male.
Equivalent work, means giving equal importance to the jobs given to man and woman both. Employer cannot consider man’s work more important than woman if both are performing similar jobs. For example: Both man and woman is doing equal jobs in an organization but after job evaluation of both management gives 6 points to men and 4 points to woman. If woman found her job rated less than a man, then women have right to claim for equivalent work.
Equal value of work means where woman’s skills and efforts valued less than man’s skills. For example, an employer creates a job description about skills, and qualification for a specific job. But for the same skills and qualification woman considered less than man by employer. In this situation woman has the right to claim for equal value of work.
This act gives right to everyone to get equal pay but it cannot apply for the same sex. Man cannot claim for equal pay as compare to other man. He can claim when his skills considered less as compare to woman or vice versa.
Equal pay act1970has a significant effect on the pay of women in UK. There are many changes that one can see in the states of women employees.This equal pay act has increased the overall image of women at workplaceafter eliminating all the discriminations like lower pay unequal job evaluation etc.
Equality Act 2010
Equality Act 2010 is the combination of different discrimination acts like equal pay, race, disability and sex discrimination and equality on the basis of religion. After combining all these acts a new act is created named Equality Act 2010 (Britain 2010). This act protects the rights of equality of people who are of different sex, race and age. This act also provides facilities to people who are suffering from disability and of different religion or belief.
This law came into force in 2010 thus it is new for everyone. Researcher want to convey all the necessary information regarding this law as it has importance for every person (young, old, men, women, gay, lesbian, or bisexual) of England and Wales therefore researcher choose Equality Act 2010.
Implications for employers and employees
Equality act of 2010 replaces all previous acts from last 30 years. This act has many implications on employers as well as employees. After coming into force this act has helped employees and ordered employers to add different equality policies into their organization. For example,
- Dual discrimination: Dual discrimination means when a person is getting treated differentlyat workplace on the basis of two different features.This provision helps employees to avoid discrimination on the basis of dual characteristics, for example a black woman can claim for equality if she is discriminated on the basis of sex and race.
- Discrimination on the basis of disability: Disable people, who can be treated unfavorably at workplace, can claim for equality. Employer should use occupational health provider for these people. For example, employers now providing facility to those who are unable to walk or using wheelchair by installing a ramp.
- Equal pay or Sex discrimination: Employer should provide equal pay to everyone (man or woman) who is doing similar jobs. For example, employer now motivating women employers as well by providing them equal pay for similar jobs.
- Discrimination on the basis of religion or belief: Employers now providing different facility to different cultures employees for example, offering their traditional food, cloths, resident and allow them to follow their customs.
- Discrimination on the basis of age: Now employers offering equal pay to different age’s people for example, oil employee getting equal pay as compared to young employee.
According to the news dated, May 23, 2014 in CIPD, an employee named Anderson who was working as the mayor of Liverpool was covered by discrimination law. In the Andersen V Chesterfield High School Case, in order to fulfill his public duties in local politics, Anderson extended his leave arrangements but when he became mayor his employer ended his leave arrangement and terminated his duties. Then Anderson claimed that his dismissal constituteddirect discrimination because of his belief, which was “a philosophical commitment to public service for the common good.” The employment tribunal examined whole situation and found that dismissal was unfair, because Anderson was neither consulted before termination nor was he given the right to appeal This case reflects the application of Equality Act 2010 for the protection of employees (Javaid, 2014).
Equality act 2010 has helped many people in England and Wales who sometimes feel discriminated against within the organization. This act included all the provisions of previous acts like act for discrimination on the basis of age, sex, disability, race, and region or belief. Employers after the introduction of Act have introduced policies to decrease discrimination in their organization. The policies are aimed at offering equal pay to those who are performing same job, providing facilities to disable employees, hiring employees from different religion or belief. This act makes UK fair and equal for all people.
Britain, G., 2010. Equality Act 2010, Part 15, Stationery Office. Available at: http://books.google.com/books?id=5yMQHVRN-loC&pgis=1 [Accessed May 29, 2014].
Chynoweth, P., 2002. Statutory Interpretation. Matthew Adshead, p.1 to 10. Available at: http://www.lawlectures.co.uk/law1/Documents-Law1/Statutory-Interpretation(Study-Paper).pdf [Accessed May 23, 2014].
Eskridge, W.N., 1994. Dynamic Statutory Interpretation, Harvard University Press. Available at: http://books.google.com/books?id=Rl2BWejLa_EC&pgis=1 [Accessed May 29, 2014].
Gerald and Kathleen Hill, Legal Dictionary | Law.com. Law.com. Available at: http://dictionary.law.com/Default.aspx?selected=376 [Accessed May 26, 2014].
MacMillan, C. & Stone, R., 2012. Elements of the law of contract. Stewart House, p.1 to 245. Available at: http://www.londoninternational.ac.uk/sites/default/files/programme_resources/laws/ug_subject_guides/elements_law_contract-subjectguide4chapters.pdf [Accessed May 23, 2014].
Makbool Javaid, 2014. Belief in public service protected by Equality Act. Available at: http://www.cipd.co.uk/pm/peoplemanagement/b/weblog/archive/2014/05/23/belief-in-public-service-protected-by-equality-act.aspx [Accessed May 29, 2014].
Mary Charman, Bobby Vanstone, L.S., 2008. The British constitution, law reform and the parliamentary legislative process. In As law. p. 1 to 106. Available at: books.google.co.in/books?isbn=184392417X [Accessed May 23, 2014].
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