The Law of The United Kingdom

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The Law of the  United Kingdom(United Kingdom of Great Britain and Northern Ireland) is amalgamation of three independent legal systems, confined and limited  to their respective territorial jurisdictions  English law applies in England and Wales, Northern Ireland law applies in Northern Ireland, and Scots law applies in Scotland. Supreme Court(2009) of the United Kingdom hears final appeals arising out of the above said three legal systems.

  • The judicial function of Parliament ended in 2009, when an independent UK Supreme Court was established.

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England-minThe procedure Of making Law in the UK

The Agenda
A newly elected Government settles it agenda on the basis of election Menifesto and Public promises. After Government formation,  the Government identifies an Issue and challenges , makes a proposal  on the issue and put it for wider consultation , then decides it in cabinet of ministers. After the approval of cabinet, the concerned ministry prepares a Bill with the help of highly specialised lawyers – called parliamentary counsels, work to translate the principles outlined in the government’s proposal into detailed statutory format.

 

 Parliamentary scrutiny 

The Houses of Parliament consider the bill. To become law, a bill must be approved by both MPs in the House of Commons and peers in the House of Lords. Bills go through a very similar process in both Houses. A bill may be introduces in either the Lords or the Commons chambers. Any bills that relate to taxation begin in the House of Commons. a house shall read before voting on it.

First reading

The bill’s title is simply read out in the chamber. The bill is then made available to all members of Parliament.

Second reading

MPs or peers discuss the main principles of a bill. MPs may vote at the end of this stage, particularly if a bill is controversial. A bill in the House of Lords passes to the next stage without a vote.

Committee stage

A bill is then considered, line by line, by committees of MPs or peers. Changes – called amendments – are proposed and voted on. Commons bill committees normally consist of around 20 MPs. The entire House of Lords often takes part at this stage.

Report stage

The bill, with amendments or changes, is ‘reported’ to the House. All members can review the amended bill. Those not involved at the previous stage may suggest further changes.

Third reading

MPs debate and vote on the bill in its final form. In the Lords, further amendments may still be introduced.

A bill approved by one chamber is considered by the other

If a bill begins in the House of Commons – and is approved – it is then sent to the House of Lords, where it goes through the same stages. If the Lords were to make changes to the bill, it would return to the Commons for MPs to consider the Lords’ amendments. Both the Commons and Lords must agree on the final shape of a bill before it can become law.

The monarchical   ‘assent’

After the  approval from both the  House of Lords and the house of  Commons, the  bill shall require final  approval by the monarch – called ‘Royal Assent’. The Monarch acts on the advice of the council of ministers and after the monarchical Assecent the Bill becomes Law and is described as an Act of Parliament.

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Acts of the parliament⇓

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Constitutional Reform Act 2005

An Act to make provision for modifying the office of Lord Chancellor, and to make provision relating to the functions of that office; to establish a Supreme Court of the United Kingdom, and to abolish the appellate jurisdiction of the House of Lords; to make provision about the jurisdiction of the Judicial Committee of the Privy Council and the judicial functions of the President of the Council; to make other provision about the judiciary, their appointment and discipline; and for connected purposes.

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Ministry of Justice

On 9 May 2007, the Ministry of Justice was created. The Ministry of Justice is responsible for courts, prisons, probation and constitutional affairs.

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Legal service providers in UK

Courts and Legal Services Act 1990 [pdf]

An Act to make provision with respect to the procedure in, and allocation of business between, the High Court and other courts; to make provision with respect to legal services; to establish a body to be known as the Lord Chancellor’s Advisory Committee on Legal Education and Conduct and a body to be known as the Authorised Conveyancing Practitioners Board; to provide for the appointment of a Legal Services Ombudsman; to make provision for the establishment of a Conveyancing Ombudsman Scheme; to provide for the establishment of Conveyancing Appeal Tribunals; to amend the law relating to judicial and related pensions and judicial and other appointments; to make provision with respect to certain officers of the Supreme Court; to amend the Solicitors Act 1974 etc..

Solicitors Act 1974 [pdf]

The SRA is the regulator of solicitors and law firms in England and Wales.

The requirements for qualifying as a solicitor in England and Wales are detailed in the Training Regulations 2014 , Qualification and Provider Regulations and are supplemented by Information Packs which provide further guidance

Administration of Justice Act 1985 [pdf]

An Act to make further provision with respect to the administration of justice and matters connected therewith; to amend the Solicitors Act 1974; to regulate the provision of solicitors’ services in the case of incorporated practices; to regulate the provision of conveyancing services by persons practising as licensed conveyancers; to make further provision with respect to complaints relating to the provision of legal aid services; to amend the law relating to time limits for actions for libel and slander; and to make further provision with respect to arbitrations and proceedings in connection with European patents.


The Bars ⇓

The Bar of Northern Ireland The Bar of Northern Ireland is a strong, thriving profession of over 600 self employed barristers in independent practice.

  • Practice areas of a Barrister : Administrative Law/ Judicial Review-Commercial Law-Company Law-Coroners/ Inquests-Criminal Law-Defamation Law/ Privacy Law-Employment Law-Extradition-Family Law-Human Rights-Immigration-Insolvency-Land Law-Licensing-Mediation/ Alternative Dispute Resolution-Personal Injury-Planning-Probate-Professional negligence-Public Inquiries etc
  • Procedure to become a barrister

The Bar of England and Wales  The Bar Council represents barristers in England and Wales. It promotes the Bar’s high quality specialist advocacy and advisory services, fair access to justice for all, the highest standards of ethics, equality and diversity across the profession, and the development of business opportunities for barristers at home and abroad.

Academic requirements must be completed prior to the commencement of vocational training, and can be fulfilled by the completion of either. The BPTC may be taken once the academic requirements have been successfully completed. Following successful completion of the BPTC, students may apply for pupillage. Pupillage is the final requirement on the route to qualification as a barrister. The Bar Standards Board (BSB) has published a Professional Statement for barristers incorporating the threshold standard and competences

Council of the Inns of Court (COIC)

The Council of the Inns of Court (COIC) is the representative body of the four Inns, through which they work collectively on strategic and policy matters relating to the Inn’s support for the profession of the Bar. COIC also serves as the co-ordinating body between all the Inns.

Lincoln’s Inn Inner Temple Middle Temple Gray’s Inn
Lincoln's Inn Middle Temple

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 Useful Links

 Law of the United States (USA)

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