Chapter 4 Parliament

Question 1

Suspensory Veto

Answer 1

Type of veto that allows authorities and presidents to temporarily block legilstaion from becoming a law. This can give executive time to negotiate with lawmakers

Question 2

Negative Resolution Procedure

Answer 2

Under the negative resolution procedure, the statutory instrument (SI) automatically becomes law without debate unless either House of Parliament (usually the House of Commons or House of Lords) objects within 40 days.

Question 3

Affirmative Resolution Procedure

Answer 3

Under the affirmative resolution procedure, the statutory instrument must be explicitly approved by Parliament before it can become law. This means both Houses of Parliament must actively debate and approve the SI.

Question 4

What are the two main procedures of Secondary Legislation and whats the difference between them?

Answer 4

1. Negative Resolution Procedure
2. Affirmative Resolution Procedure.
   he negative resolution procedure allows for automatic passage unless objected to, while the affirmative resolution procedure requires explicit approval, typically reserved for more significant or contentious legislation.

Question 5

Henry VIII Powers

Answer 5

Refer to powers granted to the goverment to amend primary legislation. This is only to make minor changes. if drafted more broadly, it can be considered breach of seperation of power as the role of law making increasinglyy shifting from legislaature to executive.

Question 6

Parliamentary Privilege

Answer 6

MPs and members of the House of Lords have the right to speak freely in parliamentary proceedings without fear of being sued or prosecuted for what they say. This also reflects parliament sovereignty.

Question 7

Sub Judicie Rule

Answer 7

The sub judice rule means that ongoing court cases cannot be publicly discussed or commented on, especially by the media or politicians, to avoid influencing the outcome of the case and ensure a fair trial.

Example:
If someone is on trial for a crime, news outlets, politicians, or public figures should avoid making statements or publishing reports that could affect the jury’s opinion or the judge’s decision. Talking about the case in a way that might prejudice the trial could lead to legal consequences, like being held in contempt of court.

It applies until the case is completely resolved.

This rule also respects seperation of powers because it ensures legal issues ae brought before the courts.

Question 8

Why are Parliament Debates used to Interpret Legislation?

Answer 8

It has been establishes that parliamenty privileges does not prevent courts from referring to the official records in the debates.

Parliament debates are important for interpreting aid because they provide insight into the government’s policies and decisions regarding aid allocation and use. By analysing parliamentary debates, aid interpreters can understand the rationale behind aid decisions, the priorities of the government, and any challenges or controversies surrounding aid programs. This information can help aid interpreters provide context and analysis for their work, ensuring that aid projects are effectively implemented and aligned with government objectives. Additionally, parliamentary debates can also help aid interpreters identify areas for advocacy or improvement in aid policies and programs.

PLEASE NOTE THAT COURTS SHOULD ONLY REFER TO DEBATES WHEN THE LEGISLATION IS UNCLEAR.