(i) Primary legislation
Legislation refers to law that has been created by the legislative body within a constitution. In the United Kingdom that
body is Parliament, constituted by both the House of Commons and the House of Lords and Bills have to be considered
in, and approved by, both houses before they become law, subsequent to the formality of its receiving royal approval.
Under UK constitutional law, it is recognised that Parliament has the power to enact, revoke or alter such, and any, law
as it sees fit. Even the Human Rights Act (HRA) 1998 reaffirms this fact in its recognition of the power of Parliament to
make primary legislation that is incompatible with the rights provided under the European Convention on Human Rights
(ECHR). Such primary legislation takes the form of Acts of Parliament; however, the role of delegated or secondary
legislation, as a source of law, should not be underestimated.
Contemporary practice has seen the reduction of general and definitive Acts of Parliament that attempt to lay down
detailed provisions covering every perceived possibility. Instead, the modern form of legislation tends to be of the
enabling type, which simply states the general purpose and aims of the Act. Such Acts merely lay down a broad
framework, whilst delegating to ministers of state the power to produce detailed provisions designed to achieve those
general aims through secondary, delegated legislation. |
