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Introduction To Law And Practice > Creation Of Law > Flashcards

Creation Of Law Flashcards

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1
Q

What is separation of power?

A

It is much like the constitution in the US. Comprises of acts of law.

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2
Q

Name 3 elements to separation of power?

A

Legislation, executive, judiciary

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3
Q

Explain the power theory inside the UK.

A

Legislature and Executive are combined, judiciary is a separate power.

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4
Q

What is the key function of legislation ?

A

The make laws

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5
Q

What are the two Houses in parliament?

A

House of Commons and House of Lord

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6
Q

How many constituencies are in House of Commons?

A

600

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7
Q

Which act supports the election of MPs?

A

Fixed term parliament 2011

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8
Q

How many members are in House of Lords?

A

787

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9
Q

Name 2 groups within House of Lords

A

Hereditary peers

Life peers

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10
Q

What phrase describes when parliament have all the power but cannot bring forth laws and rules?

A

Doctrine of parliament sovereignty

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11
Q

What is the role of an Executive

A

To govern the country

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12
Q

What does confidence and supply mean in relation to a coalition government?

A

The second party can vote on budgets and major legislation

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13
Q

How are government ministers selected?

A

From majority parties own group chat of MPs in House of Commons or Peers in House of Lords

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14
Q

Name the government hierarchy in order

A

Queen of state
Prime-minister
Cabinet
Civil servants

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15
Q

Who introduces bills?

A

The PM and cabinet

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16
Q

If a minister refuses to vote on a bill what may occur?

A

They will be expected to resign under the Doctrine of collective ministerial responsibility

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17
Q

What is a judges responsibility?

A

To apply the law

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18
Q

What is Judicial precedent?

A

When a judge refers back to previous cases to justify their decision

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19
Q

What is judicial review?

A

When a judge uses their power to review a decision makers decision

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20
Q

What do statues start life as?

A

A bill

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21
Q

Explain the bill acceptance process

A

MP / Cabinet propose a bill

It’s then voted on

If agreed it becomes an act

Then the queen gives it royal assent

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22
Q

Name the 5 acts of Parliament

A 
Manifestos and political developments 
Law commission for England and Wales 
Green papers 
Code of practice on consultation 
White papers
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23
Q

Name 3 types of bill

A

Private bill
Public bill
Hybrid

24
Q

Who are law reform bills proposed by?

A

Law commission

25
Q

What is the purpose of consolidation bills

A

To reorganise existing law and simplify it

26
Q

Under a speakers certificate who gets the review over the bill?

A

English MPs and English and Welsh MPs

27
Q

What are the key stages in making a bill and act?

A 
First reading 
Second reading
Committee stage
Report stage 
Third reading
28
Q

If a speakers Certificate is issued which additional stages are brought into the procedure for a bill to become an act?

A

Legislation grand committee
Reconsideration stage
Consequential Consideration

29
Q

What stage does not apply to the house of lord procedure?

A

The legislative Grand committee stage

30
Q

What is a double majority?

A

Where all MPs in the House of Lords vote on amendments to a bill

31
Q

What does the The Parliament Act 1911/1949 percent?

A

House of Lords given limits to block bills approved by house it commons.

32
Q

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

A

Budget bills

33
Q

What is consolidating the law?

A

Combining more than one statue of the same relevance example, the equality act 2010

34
Q

What is the difference between incremental changes and Consolidation Law?

A

Incremental changes incorporates the new act in the title of the previous with an ‘A’

35
Q

What is ECHR?

A

European Convention of Human Rights

36
Q

How many sections does the ECHR have?

A

5 major

37
Q

What does Sch1 entail in the ECHR?

A

All agreed articles within UK

There are 11 of them

38
Q

What does Sch2 of the ECHR entail?

A

The UK courts must take ECHR opinions into consideration on rulings

39
Q

What does Sch3 entail within ECHR?

A

All new legislation must be compatible with existing ECHR legislation

40
Q

What does Sch4 entail of the ECHR?

A

If legislation isn’t compatible then a minister may seek to amend the act under the ‘DECLARATION OF INCOMPATILBILITY’

41
Q

What does Sch6 of the ECHR entail?

A

Only public authorities are required to comply with the ECHR

42
Q

Sch7 of the ECHR summary?

A

Any victim who’s rights are breached under sch6 may bring proceedings against relevant public body

43
Q

What is delegated legislation?

A

Primary legislation as it initiated bills which become acts

44
Q

What does delegated legislation involve?

A

Parliament delegating the act to civil servants etc so they can make the act more detailed

45
Q

What are the 4 types of statutory instruments?

A

Regulation
Orders
Bye laws
Rules

46
Q

What are statutory Instrument regulations?

A

Gap fillers for parent act

47
Q

What are statuatory Instrument rules?

A

Drafted by judges JUSTICR CLERKS AND ASSISTANCE RULES 2014 st 2014 / 603

48
Q

Who are privy council?

A

Senior ministers

49
Q

Bye laws are…?

A

Local authorities make these to regulate local authorities

50
Q

What are controls of delegated legislation?

A

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)

51
Q

Who examines statutory instruments which are laid before parliament in defects?

A

Joint committee

52
Q

Who considers policy implications on merits in statutory instruments?

A

House of Lords secondary legislation scrutiny

53
Q

What is the purpose of a judicial review for statutory Instruments?

A

To prevent the use of jargon and to determine ULTRA VIRES

54
Q

Name two types of Ultra VIRES and their purpose

A

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

55
Q

Name the pros for delegated legislation.

A

It’s quick
Detailed
flexible

56
Q

Name the cons for delegated legislation

A

High volume
Poorly drafted
Often use of jargon

Introduction To Law And Practice (8 decks)

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