What is the law which the Government is paid to enact when making an Act of Parliament?

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When the government enacts an Act of Parliament, it is creating new legislation or amending existing legislation through a formal legislative process. However, the government is not paid to “enact” a pre-existing law per se but rather to legislate in accordance with the principles of the Constitution, statutory law, common law, and other legal frameworks that govern how legislation should be created.

Here are the key legal principles and frameworks that guide the government’s legislative process:

1. Constitutional Law:

  • Parliamentary Sovereignty: In the UK, Parliament is sovereign, meaning it has the ultimate legal authority to create or end any law. The government proposes legislation, but it is Parliament that enacts it. [see LAWFUL REBELLION]
  • Rule of Law: The government must act according to the law. This means that any legislation proposed must be within the legal powers conferred upon Parliament by the Constitution or other legal instruments.
  • Human Rights Act 1998: The government must ensure that any new legislation is compatible with the European Convention on Human Rights (ECHR), as incorporated into UK law.

2. Statutory Law:

  • Legislative Acts: The government drafts Bills, which are then debated, amended, and voted on by Parliament. If approved by both Houses of Parliament and given Royal Assent, these Bills become Acts of Parliament and have the force of law.
  • Delegated Legislation: The government may also create secondary legislation (Statutory Instruments) under powers granted by an Act of Parliament. This allows for more detailed rules and regulations to be made without needing a new Act.

3. Common Law:

  • Judicial Review: Courts can review the legality of the government’s actions, including whether a law was enacted properly. If a law is found to be unreasonable or enacted beyond the government’s legal powers (ultra vires), it can be struck down or declared invalid.
  • Precedents: Courts interpret and apply laws based on past judicial decisions, which the government must consider when drafting legislation.

4. International Law:

  • Treaty Obligations: The government is also bound by international treaties and agreements. While these do not automatically become domestic law, they influence the legislation that the government enacts.

5. Public Consultation and Scrutiny:

  • Consultation Processes: The government often engages in public consultation to gather feedback on proposed legislation.
  • Parliamentary Committees: Proposed laws are scrutinized by various committees in Parliament to ensure they meet legal standards and public interests.

Summary:

The government is responsible for proposing, drafting, and implementing legislation within the framework of constitutional, statutory, and common law principles. It must do so in a way that respects the rule of law, human rights, and other legal obligations. While Parliament is the body that enacts laws, the government’s role is to ensure that these laws are created in a manner that is legal, fair, and just, adhering to all relevant legal standards.