Constitutional & Admin Law Flashcards
What is the significance of the Retained EU Law (Revocation and Reform) Act 2023?
Ministers have wide ranging powers to amend, restate, revoke, replace and update any EU-derived law using delegated powers. Ministers can make changes without an Act of Parliament.
What are the states in the passage of a Bill?
Bills starting in the HC/HoL:
-first reading
-second reading
-committee stage
-report stage
-third reading
Same procedure repeats in either the HC/HoL
Consideration of amendments
Assent
What is the affirmative procedure for passing statutory instruments?
Affirmative instruments require the express approval by resolution of both Houses of Parliament.
What be is the negative resolution procedure for passing statutory instruments?
Instruments following the negative resolution procedure become law unless there is an objection from either House.
What are remedial orders?
Remedial orders make amendments to primary legislation as a response to a deflation of incompatibility with the ECHR.
What are regulatory reform orders?
A form of delegated legislation passed to amend/repeal a provision in primary legislation.
What is a Henry VIII clause?
On occasion, the Government will include a clause within a Bill which allows it to amend or repeal the legislation after it has become an Act of Parliament by statutory instrument alone, without being required to pass further primary legislation.
What is the Ponsonby rule?
The Ponsonby rule requires that every treaty (EU or international) signed by the UK, which is subject to ratification should be laid before Parliament for 21 sitting days.
What is the 5-stage process for the passage of a bill in the Senedd?
- Consideration of general principles
- Detailed examination
- Report Stage
- Final debate and vote
- Royal assent
What are private bills?
Private bills are usually promoted by organisations, like local authorities or private companies. Private Bills only change the law as it applies to specific individuals or organisations, rather than the general public.