Chapter 2 - The Creation of Law

Question 1

What are the 3 elements of UK constitution

Answer 1

1. the legislature (Parliament)
2. the executive (the government )
3. the judiciary (judges)

Question 2

Explain the legislature ?

Answer 2

Make the law
Law affect England, Wales, Scotland and NI
2 Houses :
House of Common (divide land in 650 areas and each area appoint MP using the first past the post system)
House of Lords ( approx 800 members)
Monarch is head of the state of the UK

Question 3

Explain the executive ?

Answer 3

Govern the country
Queen ask the leader of the party who holds the most seats in the House of Common to form a Government.
Collision Government is when largest party does not have majority of seats 326.
The PM is assisted by 22 ministers from the Cabinet
PM and cabinet introduce Bills to Parliament which then become law by Act of Parliament.

Question 4

Explain the judiciary?

Answer 4

Apply the law to decide the cases brought to them
Independent
Judges will use trial judgement in their own cases

Question 5

Explain Acts of Parliament ?

Answer 5

Known as statues

Question 6

Consultation process 5 types, what are those ?

Answer 6

Manifestos and politician development 
Law Commission for England and Wales
Green papers(draft)
Code of Practice on Consultation
White papers (Final draft) / Final version of proposal

Question 7

What are types of Bills ?

Answer 7

By subject matter
By Originator
By purpose

Question 8

What are the ‘‘by subject matter ‘’ bill ?

Answer 8

A public Bill
A private Bill
A Hybrid Bill

Question 9

What are the ‘‘by Originator ‘’ bill ?

Answer 9

Government Bill

Private Member Bill

Question 10

What are the ‘‘by Purpose ‘’ bill ?

Answer 10

Law reform bill

Consolidation Bill

Question 11

Creation of an Act of Parliament , explain stages ?

Answer 11

First Reading 
Second reading 
Committee Stage 
Report Stage 
Third reading

Question 12

What is Parliament Acts 1911-1949 ?

Answer 12

Limits the scope of House of Lords to block Bills approved by the House of Commons by ‘‘money bill’’
or by any other bill.

Question 13

What is the structure of an Act of Parliament?

Answer 13

Short title
Chapter number
Contents 
Long title 
Date of Royal Assent
Words of enactment 
Section numbers 
Commencement

Question 14

Acts are used to achieve ?

Answer 14

Major reforms to general law of the land
Major reforms in particular areas of law
Reform reflecting changing social attitudes 
Codifying the common law (law case)
Consolidating the law
Incremental changes

Question 15

Structure of The Human Rights Act 1998?

Answer 15

1. List of human rights
2. UK courts must take 2 account the declarations of the European Court of Human Rights
3. All legislation must comply with ECHR
4. Declaration 4 incapability
5. Public authorities must comply
6. Legal processing can be started if some has breached your human rights.

Question 16

Sch 1 of human rights what are those , 3 ?

Answer 16

Absolute, limited and qualified

Question 17

Types of delegated legislation ? 2 and subheadings..

Answer 17

1. Statutory Instruments :
Regulations 
Rules 
Orders
Orders in Council 
2.By-laws

Question 18

Control of delegated legislation ?

Answer 18

1. Publication
2. Laying before Parliament
3. Parliament committees
4. Judicial review
5. European Convention on Human Rights

Question 19

Wat are 2 types of Judicial review (Control of legislation ) ?

Answer 19

Substantive ultra vires

Procedural ultra vires

Question 20

Advantages of delegated legislation ?

Answer 20

technical and detailed
passed quickly
saves parliamentary time
flexible

Question 21

Disadvantages of delegated legislation ?

Answer 21

its volume
poorly drafted
the language can be obscure
lack of democratic control