Chapter 4 Flashcards
What is legislation
Any formal written law
what are the primary legislature of the UK?
Parliament (creates acts of parliament)
& the Privy Council (creates prerogative orders of council)
Name the 5 key secondary legislatures in the UK
- The ministers of the Crown
- Government departments, public corporation & court rule committee
- Local government
- Professional bodies
Who is the supreme law maker of the UK?
Parliament
What are public acts?
Acts of parliament that are initiated by raw government or by MPs (in this case called Private Members’ Act)
What are private acts?
Acts initiated outside parliament and apply to a particular community or a particular person
What is a declaratory act?
An act that creates new law
What is an amending act?
An act that amends an existing law
What is an enabling act?
an act that bestow powers on other bodies to make law
What is a consolidation act?
An act that brings into a single act the existing statutory law on a particular law
What is a rewrite act?
A act that re-states in a simplified, consistent and more understandable form
What is a codification act?
An act that bring into a single act both the common law and statute law?
What are the 2 main stages to the enactment of legislation?
The whitehall stage (formulate policies so that was can be made to advance those policies)
The westminster stage (proposed legistlation i put forwards as a bill to the house of lords / commons)
Name the formal steps to be followed in the house into which a bill is introduced
1st reading: Short title of bill read out & date of second reading is named & allocated a number. A set of explanatory notes are produced to give the readers the gov’s understanding of the text.
2nd reading: Goes to a cross-part committee to be considered in detail. Committee can be whole house / standing committee. As a result will be amended and new clauses can be introduced
Report stage: Standing committee reports to the House - gov & house can make further amendments / amending
3rd reading: No amendments may be made. Bill is passed if majority vote.
Once bill has gone through one house - must do same stages in other house
What does the temporal operation of an act refer to?
A time during which an Act operations. In this period the act can be modified by transitional provisions as to when it first applies
Name the elements contained in an act of parliament in order:
- Monarch’s name & royal arms
- Name & Year of act
- Table of contents
- The long title of the act
- Date the act was received in the Total assent
- The enacting words which gives the act the force of law
What is the need for secondary legislation?
Parliament doesn’t have time to debate in details of all matters - despite eroding the supremacy of parliament
If delegated legislation is found tone ultra vires it is rendered what?
Void
The 2 formal procedures that parliament requires for the creation of a statutory instrument are:
Negative resolution procedure & The affirmation resolution procedure
Describe them
Negative resolution procedure:
Statutory instrument can be annulled if either house passes a motion calling for its annulment within 40 days
The affirmation resolution procedure:
A statutory instrument is laid in draft before either house and has to be approved by resolution of both houses before it takes effect - sub-categories = draft & made
The EU treaties are the primary legislation of the EU. Name the two main treaties
- The Treaty of the European Union (TEU)
* The treaty of the functioning of the European Union (TFEU)
What are directives
Set out a legal framework which member states have to follow but it is up to the state to choose how to make it part of its law
True of false
Acts of parliament can be subject to judicial review by the courts
False
True of false
A statutory instrument can come into force before debated
True
Tertiary legislation is made by who?
A body or official that has been empowered by parliament to make law and comes in the form other than a statutory instrument
