CHAPITRE 2: STATUTE LAW.

I. Introduction legislation and remarks

In early times they were few statutes seeing as there was no parliament. (a parliament = une legislature). And the book of law was case law. The earliest Norman legislation was by means of royal charter but the first great outburst came in the reign of king henry II (1154-1159). The legislation in those days was called various names: assizes. Justice was made by the king in council (composed of the king advisers, bishops, member of nobility). Under the Tudor we saw legislation show the development of modern procedure. In practice, it needed 3 readings to bill. And also each bill was headed by preamble (prepuce to enactments). The practice of law making by statute has increased during the Tudors. Even today, although the book of legislation is large, statutes form a comparatively small part of the law as a home. The basis of law remains the common law. If all the statutes were repealed that would still exist a legal system of sorts. The statutes are the ultimate source of law and even if a statute is in conflict with the common law or equity, the statute must prevail. 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 are regarded as absolute: to amend the common law to cope with changes in society. Once acted statutes, even if old, do not cease to have force of law. Usually, statutes which are no longer of practical utility are repealed by statute law repeal act. An act of parliament is bounding on everyone within the sphere of his jurisdiction. Therefore, a parliament cannot bind itself and its successors.

II. The functions of parliament

1- Legislative function

The passing of legislation: is the principle function of the parliament. in the UK the queen in parliament is the supreme law making body. The Parliament is elected by the people and is composed of elected representatives. The law is passed by