Anaya Nolan
The creation of laws is a complex process that varies across different jurisdictions and legal systems. In a democracy, laws are created to regulate behaviour and mediate relations between people, with the understanding that the laws will change over time to reflect the needs of society. The legislative branch of government is responsible for creating statutes through the law-making process, which involves writing, discussing, arguing, and voting on bills. These bills can originate from members of Congress, election campaigns, or citizen groups who petition their representatives. The role of the judiciary is to interpret and apply these laws, creating precedent and shaping the body of constitutional law. The executive branch can also create laws through decrees and regulations, while judges' decisions in common law jurisdictions form precedents that guide future rulings. The law-making process is designed to be inclusive, allowing for public input and consideration of minority views, with the ultimate goal of creating laws that serve the people and adapt to their changing needs.
| Characteristics | Values |
|---|---|
| Who creates laws? | The legislative branch of government, which includes Congress or the legislature of a state |
| Who can propose a bill? | A sitting member of the U.S. Senate or House of Representatives, during their election campaign, or by citizen groups who petition their representative |
| What happens after a bill is introduced? | It is assigned to a committee, which researches, discusses, and makes changes to the bill |
| What happens after the committee stage? | The bill is put before the chamber to be voted on |
| What happens after a bill is passed? | The president considers the bill and can approve it, veto it, or refuse to sign it |
| What is the role of the judiciary? | Interprets the law and bases its decisions on what is written in the Constitution and previous court rulings in similar cases |
| What is the role of the executive? | Can create laws through decrees and regulations |
| What is common law? | A system of law that originated in England and has been inherited by countries that were once part of the British Empire |
| How do contracts fit into this? | Contract law is a type of common law that concerns enforceable promises with three key elements: offer and acceptance, consideration, and the intention to create legal relations |
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What You'll Learn
How laws are made
Laws are rules that are created and enforced by social or governmental institutions to regulate behaviour. They can be made by a legislature, resulting in statutes, by the executive through decrees and regulations, or by judges' decisions, which form precedents in common law jurisdictions.
In the US, the law-making branch of the federal government is Congress. A bill is a proposal for a new law or a change to an existing law. The idea for a bill can come from a sitting member of the US Senate or House of Representatives or be proposed by citizens or advocacy groups. The primary Congress member supporting the bill is called the "sponsor", and other members who support it are called "co-sponsors". Once drafted, the bill is introduced in the House or Senate, depending on the sponsor, and is then referred to a committee.
Committees play a crucial role in the legislative process. They research, discuss, and make changes to the bill, and the public is given an opportunity to be heard. The committee may hold hearings to understand the bill's implications and gather input from various stakeholders. Subcommittees may also be involved in studying and making changes to the bill. Once the committee and subcommittee processes are complete, the bill is returned to the full House or Senate for further debate and approval. At this stage, amendments can be proposed, and additional text can be added.
For a bill to become a law, it must be approved by both the House and the Senate. Once passed by both chambers, the bill is sent to the President for approval. The President may sign the bill into law or veto it. If vetoed, the bill returns to Congress for reconsideration. If the President takes no action within 10 days while Congress is in session, the bill automatically becomes law. However, if Congress adjourns during this period, the bill is considered vetoed, known as a "pocket veto", which cannot be overridden. If both the House and Senate override the veto by a two-thirds majority vote, the bill becomes law despite the President's objection.
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The role of Congress
Congress is the lawmaking branch of the federal government. It plays a crucial role in the legislative process, which involves multiple steps from the proposal of a bill to its publication as a statute.
A bill is a proposal for a new law or a change to an existing law. The idea for a bill can come from a sitting member of the U.S. Senate or House of Representatives, be proposed during their election campaign, or be petitioned by citizen groups. Once introduced, a bill is assigned to a committee, which researches, discusses, and makes changes to it. There are currently 20 standing committees in the House and 16 in the Senate, as well as several select committees. The committees provide a forum for intensive consideration of the bill and allow the public to be heard. After a bill is approved by a committee, it is voted on and sent to the other chamber for further debate and approval.
Once a bill passes both chambers, it goes to the President for approval. The President can choose to veto the bill, in which case Congress can override the veto with a two-thirds majority in both chambers. If the President does not sign off on a bill before Congress adjourns, it is considered a pocket veto and cannot be overridden.
In addition to passing laws, Congress also has the power to amend the Constitution. The legislative process is a fundamental aspect of American democracy, ensuring that all sides are heard and that proposals are thoroughly considered before becoming laws.
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The role of the President
The President does not create laws but plays a crucial role in the law-making process. The President can make suggestions about things that should be new laws, and they can approve a bill and sign it into law. If the President chooses to veto a bill, Congress can usually vote to override that veto, and the bill becomes a law. However, if the President does not sign off on a bill and Congress is no longer in session, the bill will be vetoed by default, known as a "pocket veto", which cannot be overridden by Congress.
The President can also make treaties, which require ratification by two-thirds of the Senate, and they are responsible for enforcing the laws passed by Congress. The President can issue rules, regulations, and instructions, with varying degrees of visibility and impact. They can also issue public proclamations and executive orders, which have the binding force of law upon federal agencies but do not require Congressional approval.
The President has broad powers to manage national affairs and the priorities of the government. They can command the armed forces, ask for the written opinion of their Cabinet, convene or adjourn Congress, grant reprieves and pardons, and receive ambassadors. The President can direct officials on how laws should be interpreted (subject to judicial review) and make staffing and personnel decisions.
The President is also responsible for nominating Cabinet members, Supreme Court Justices, and other high officials, although these nominations require Senate approval. They can also appoint ambassadors and Article III judges with the advice and consent of the US.
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Common law
Today, approximately one-third of the world's population lives in common law jurisdictions or in mixed legal systems that integrate common law and civil law. Many former colonies that were once part of the British Empire continue to rely heavily on common law when resolving legal disputes, including the U.S., Canada, India, and Australia.
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Judicial review
In a judicial review, the judge's role is not to decide on the merits of the conclusion reached by the public body but to evaluate the decision-making process. They assess whether the correct procedures were followed and whether the decision was made within the scope of the public body's powers. The focus is on the process rather than the outcome, and the court will not substitute its own opinion for that of the public body.
Public bodies subject to judicial review include local councils, government departments, ministers, police forces, regulators, and health authorities. Any person, group, or organisation significantly affected by the decision of a public authority can bring a judicial review case. However, there are strict time limits for applying for judicial review, typically within three months of the decision, and it can be an expensive process.
There are specific grounds for challenging the lawfulness of a decision through judicial review. These include cases where the public authority did not have the power to make the decision, made it based on irrelevant or insufficient information, or acted in a way that breached human rights law. If a judicial review is successful, the judge will typically “quash” or “nullify” the original decision, requiring the public authority to make the decision again following the appropriate legal process.
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Frequently asked questions
Laws can be created by a legislature, resulting in statutes; by the executive through decrees and regulations; or by judges' decisions, which form precedents in common law jurisdictions.
The idea for a bill can come from a sitting member of the U.S. Senate or House of Representatives, be proposed during their election campaign, or be petitioned by citizens. Once introduced, a committee will research, discuss, and make changes to the bill before putting it before the chamber to be voted on. If passed, the bill is then considered by the president, who can approve and sign it into law or veto it.
Common law originated in England and has been inherited by many countries that were once part of the British Empire. It refers to an institutionalised and unified system of law common to the country, created by judges with the authority to do so.
Contract law concerns enforceable promises and can be summed up in the Latin phrase "pacta sunt servanda" (agreements must be kept). In common law jurisdictions, three key elements are necessary for the creation of a contract: offer and acceptance, consideration, and the intention to create legal relations.
