Sources of law & the legislative process
Law in England and Wales derives from several sources, principally Acts of Parliament (primary legislation), delegated legislation, and case law. The legislative process governs how a Bill becomes an Act.
What "Sources of law & the legislative process" covers
- Primary legislation (Acts of Parliament / statutes) is the highest domestic source and prevails over common law.
- A public Bill proceeds through: first reading, second reading, committee stage, report stage, third reading in one House, then the same stages in the other House, before Royal Assent.
- Delegated (secondary) legislation - statutory instruments, byelaws, Orders in Council - is made under powers in a parent (enabling) Act and can be challenged for being ultra vires.
- Parliamentary control of delegated legislation is exercised through affirmative and negative resolution procedures and scrutiny committees.
- Common law (judge-made law) and equity remain important sources, filling gaps and developing principle within the doctrine of precedent.
- The Human Rights Act 1998 and (historically) EU law shaped domestic sources; retained EU law is now 'assimilated law'.
- The courts may review delegated legislation but cannot strike down primary legislation (they can issue a declaration of incompatibility under HRA s.4).
Key cases & statutes
The authorities and provisions most likely to matter for this subtopic:
How it's tested in SQE1
SQE1 uses single best answer questions: a short factual scenario, one precise question, and five options of which only one is the best answer on the law applied to the facts. For sources of law & the legislative process, expect to be asked what the correct legal position is, what a party may or must do, or which outcome follows — with more than one option looking arguable. Reading the facts carefully and eliminating the near-misses is the skill that earns the mark.
Where candidates lose marks
- Confusing primary legislation (Acts) with delegated legislation (statutory instruments) - only the latter can be quashed as ultra vires.
- Muddling the order of legislative stages, or which House they occur in.
- Assuming courts can strike down an Act of Parliament; they cannot, only declare incompatibility under s.4 HRA.
- Overstating the role of custom or convention as formal legal sources.
Learn this subtopic in the course
A video lesson, notes and exam-style practice on sources of law & the legislative process.
FAQ
Is sources of law & the legislative process tested on SQE1?
Yes — sources of law & the legislative process is part of the SQE1 Legal System, Constitutional & EU Law syllabus (FLK1) and can appear in single best answer questions.
How is sources of law & the legislative process examined in SQE1?
SQE1 tests it by application: you're given a realistic scenario and choose the single best answer from five options. The focus is on using the law correctly, not reciting it — knowing the leading authorities (Act of Parliament (primary legislation), Statutory instrument / delegated legislation) helps.