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The Reasons Why The Judiciary System Should Not Change Laws

1174 words - 5 pages

This question is spilt into two parts the first part being the different processes which change law need to be examined and the second part being the question that the judiciary does not actively make laws besides in opportunistic ways. To assess these two questions we need to explain the different processes which lead to law reform, a look at the parliamentary system in making laws and changing laws, The judiciary system will be reviewed to look at the impact they have on law reform and how they interpret the laws and set out precedents through their interpretation. Institutions set up by the state such as the law committee have to be looked at their input in changing the law. External ...view middle of the document...

Laws are not made up from thin air, their has to be issues to resolve then an idea may become Acts of Parliament. Acts of parliament can originated from a number of sources such as Party manifestos, national crises, Law commission and private members bills as well as others.
In the UK there are three types of legislation considered by Parliament when deciding to try to put through a new law or change a outdated law.. These are Government Bills, private members Bills and private Bills.
Government Bills are put forward by the government and a Minister introduces them. Parliament mostly deal with these types of bills as they are elected by the citizens so have to deliver on their promises. The greater the majority the government has in the two houses the greater chance the bills being passed.
Individual MPs can introduce a Private Members Bill so can peers in the House of Commons. These have little chance of becoming law as too much of Parliament’s time is taken up by the government bills..
Private Bills are promoted by specific organisations in the state. This type of bill is introduced following a petition to Parliament by the organisation that wants that bill to become law. These also have little chance in succeeding for similar reasons as Private Members Bills.
The making of bills is mostly by members of parliament. The judiciary system is not involved in the process of making bills however they could make a private member bill for their cause to change in law. This shows that the judiciary does not act as a primary source in creating laws. In the section why bills are created a number of reasons where given for their creation and judiciary request was not one of the reasons given on the list which shows also the judiciary does not have a primary role in the making of laws. This part is in favour of the question that is being assessed on the judiciary not directly changing laws.
Most bills are government bills so in this part of the question the emphasis will be how the government pass the bill through parliament. The process from a bill to it becoming law is a long complex one. Before words are put to paper, a period of consultation occurs. Either a Green Paper or a White Paper...

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