Creation Of Law Flashcards
What is separation of power?
It is much like the constitution in the US. Comprises of acts of law.
Name 3 elements to separation of power?
Legislation, executive, judiciary
Explain the power theory inside the UK.
Legislature and Executive are combined, judiciary is a separate power.
What is the key function of legislation ?
The make laws
What are the two Houses in parliament?
House of Commons and House of Lord
How many constituencies are in House of Commons?
600
Which act supports the election of MPs?
Fixed term parliament 2011
How many members are in House of Lords?
787
Name 2 groups within House of Lords
Hereditary peers
Life peers
What phrase describes when parliament have all the power but cannot bring forth laws and rules?
Doctrine of parliament sovereignty
What is the role of an Executive
To govern the country
What does confidence and supply mean in relation to a coalition government?
The second party can vote on budgets and major legislation
How are government ministers selected?
From majority parties own group chat of MPs in House of Commons or Peers in House of Lords
Name the government hierarchy in order
Queen of state
Prime-minister
Cabinet
Civil servants
Who introduces bills?
The PM and cabinet
If a minister refuses to vote on a bill what may occur?
They will be expected to resign under the Doctrine of collective ministerial responsibility
What is a judges responsibility?
To apply the law
What is Judicial precedent?
When a judge refers back to previous cases to justify their decision
What is judicial review?
When a judge uses their power to review a decision makers decision
What do statues start life as?
A bill
Explain the bill acceptance process
MP / Cabinet propose a bill
It’s then voted on
If agreed it becomes an act
Then the queen gives it royal assent
Name the 5 acts of Parliament
Manifestos and political developments Law commission for England and Wales Green papers Code of practice on consultation White papers
Name 3 types of bill
Private bill
Public bill
Hybrid
Who are law reform bills proposed by?
Law commission
What is the purpose of consolidation bills
To reorganise existing law and simplify it
Under a speakers certificate who gets the review over the bill?
English MPs and English and Welsh MPs
What are the key stages in making a bill and act?
First reading Second reading Committee stage Report stage Third reading
If a speakers Certificate is issued which additional stages are brought into the procedure for a bill to become an act?
Legislation grand committee
Reconsideration stage
Consequential Consideration
What stage does not apply to the house of lord procedure?
The legislative Grand committee stage
What is a double majority?
Where all MPs in the House of Lords vote on amendments to a bill
What does the The Parliament Act 1911/1949 percent?
House of Lords given limits to block bills approved by house it commons.
What type of bills are passed to House of Commons to approve after one month had passed of failed approval with the House of Lords
Budget bills
What is consolidating the law?
Combining more than one statue of the same relevance example, the equality act 2010
What is the difference between incremental changes and Consolidation Law?
Incremental changes incorporates the new act in the title of the previous with an ‘A’
What is ECHR?
European Convention of Human Rights
How many sections does the ECHR have?
5 major
What does Sch1 entail in the ECHR?
All agreed articles within UK
There are 11 of them
What does Sch2 of the ECHR entail?
The UK courts must take ECHR opinions into consideration on rulings
What does Sch3 entail within ECHR?
All new legislation must be compatible with existing ECHR legislation
What does Sch4 entail of the ECHR?
If legislation isn’t compatible then a minister may seek to amend the act under the ‘DECLARATION OF INCOMPATILBILITY’
What does Sch6 of the ECHR entail?
Only public authorities are required to comply with the ECHR
Sch7 of the ECHR summary?
Any victim who’s rights are breached under sch6 may bring proceedings against relevant public body
What is delegated legislation?
Primary legislation as it initiated bills which become acts
What does delegated legislation involve?
Parliament delegating the act to civil servants etc so they can make the act more detailed
What are the 4 types of statutory instruments?
Regulation
Orders
Bye laws
Rules
What are statutory Instrument regulations?
Gap fillers for parent act
What are statuatory Instrument rules?
Drafted by judges JUSTICR CLERKS AND ASSISTANCE RULES 2014 st 2014 / 603
Who are privy council?
Senior ministers
Bye laws are…?
Local authorities make these to regulate local authorities
What are controls of delegated legislation?
Publication - Statutory instruments must be printed and put on sale
Laid before parliament- Parliament can scrutinise statutory instruments under affirmative procedure
Negative procedure - no conclusion is reached within a month it’s automatically law
(European Union Withdrawl Bill)
Who examines statutory instruments which are laid before parliament in defects?
Joint committee
Who considers policy implications on merits in statutory instruments?
House of Lords secondary legislation scrutiny
What is the purpose of a judicial review for statutory Instruments?
To prevent the use of jargon and to determine ULTRA VIRES
Name two types of Ultra VIRES and their purpose
Substantive Ultra Vire- ensures governing bodies act within their powers to authorise an act
Prosecutable Ultra Vire- ensures governing bodies follow all procedures when it comes to an act
Name the pros for delegated legislation.
It’s quick
Detailed
flexible
Name the cons for delegated legislation
High volume
Poorly drafted
Often use of jargon
