Legislation

In early times there were few statutes and the bulk of law was case law, though legislation in one form or other dates from A.D.⁹ 600. The earliest Norman legislation was by means of Royal Charter, but the first great outburst of legislation came in the reign of Henry II. This legislation was called by various names: there were Assizes, Constitutions, and Provisions, as well as Charters. Legislation at this time was generally made by the King-in-Council, but sometimes by a kind of Parliament which consisted in the main of a meeting of nobles and clergy summoned from the shires.

In the fourteenth century parliamentary legislation became more general. Parliament at first requested or preyed the King to legislate, but later presented the bill in its own wording. The Tudor period saw the development of modern procedure, in particular the practice of giving three readings to a bill; and it was also the age of the Preamble, which was a kind of preface to the enactment, describing often at great length the reasons for passing it and generally justifying the measure.

From the Tudor period onwards Parliament became more and more independent and the practice of lawmaking by statute increased. Nevertheless, statute did not become an important source of law until the last two centuries, and even now, although the bulk of legislation is large, statutes form comparatively small part of the law as a whole. The basis of our law remains the common law, and if all statutes were repealed we should still have a legal system, even if it were inadequate; whereas our statutes alone would not provide a system of law but merely a set of disjoined rules.

Parliament’s increasing incursions into economic and social affairs increased the need for statutes. Some aspects of law are so complicated or so novel that they can only be laid down in this form, they would not be likely to come into existence through the submission of cases in court. A statute is the ultimate source of law, and even if a statute is in conflict with the common law or equity, the statute must prevail. It is such an important source that it has been said – “A statute can do anything except change man to woman”, although in a purely legal sense even this could be achieved. No court or other body can question the validity of an Act of Parliament.

Statute law can be used to abolish common law rules which have outlived their usefulness, or to amend the common law to cope with the changing circumstances and values of society. Once enacted, statutes even obsolete do not cease to have the force of law, but common sense¹⁰ usually prevents most obsolete laws from being invoked. In addition, statutes which are no longer of practical utility are repealed from time to time by Statute Law Repeal Acts. Nevertheless, a statute stands as law until it is specifically repealed by Parliament.

An Act of Parliament is absolutely binding on everyone within the sphere of its jurisdiction, but all Acts of Parliament can be repealed by the same or subsequent Parliaments; and this is the only exception to the rule of the absolute Sovereignty of Parliament – it cannot bind itself or its successors.

Commentary

1. Lord of the Manor – владелец поместья

2. within the four corners – в рамках

3. The King-in-Council – «король в совете», исполнительная власть

4. The King in person – король лично

5. fair dealing – честность, зд. cправедливость

6. common injunctions – общие судебные запреты

7. on pain of – под страхом

8. Attorney-General – генеральный прокурор

9. A.D. – (лат.) нашей эры

10. common sense – здравый смысл

Active vocabulary

the system of common law writs

to bring an action

Chancellor

Lord of the Manor

plaintiff

within the four corners

statement of claim

an appropriate remedy

source of law

common injunctions

Attorney-General

Royal Charter

Provisions

a wording

the submission of cases in court

validity

to abolish common law rules

to repeal an Act

to outlive the usefulness

successors

Assignment I. Answer the questions.

1. What was a writ?

2. How were common law writs issued?

3. Who was the creator of Equity?

4. How were the laws made at different times (early times, Middle Ages)?

Assignment II. Topics for discussion.

1. The system of common law writs.

2. The role of the Chancellor in the development of Equity.

3. Early legislation.

4. Statute law and the importance of a statute.