Creation Of Law

Question 1

What is separation of power?

Answer 1

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

Question 2

Name 3 elements to separation of power?

Answer 2

Legislation, executive, judiciary

Question 3

Explain the power theory inside the UK.

Answer 3

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

Question 4

What is the key function of legislation ?

Answer 4

The make laws

Question 5

What are the two Houses in parliament?

Answer 5

House of Commons and House of Lord

Question 6

How many constituencies are in House of Commons?

Answer 6

600

Question 7

Which act supports the election of MPs?

Answer 7

Fixed term parliament 2011

Question 8

How many members are in House of Lords?

Answer 8

787

Question 9

Name 2 groups within House of Lords

Answer 9

Hereditary peers

Life peers

Question 10

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

Answer 10

Doctrine of parliament sovereignty

Question 11

What is the role of an Executive

Answer 11

To govern the country

Question 12

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

Answer 12

The second party can vote on budgets and major legislation

Question 13

How are government ministers selected?

Answer 13

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

Question 14

Name the government hierarchy in order

Answer 14

Queen of state
Prime-minister
Cabinet
Civil servants

Question 15

Who introduces bills?

Answer 15

The PM and cabinet

Question 16

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

Answer 16

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

Question 17

What is a judges responsibility?

Answer 17

To apply the law

Question 18

What is Judicial precedent?

Answer 18

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

Question 19

What is judicial review?

Answer 19

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

Question 20

What do statues start life as?

Answer 20

A bill

Question 21

Explain the bill acceptance process

Answer 21

MP / Cabinet propose a bill

It’s then voted on

If agreed it becomes an act

Then the queen gives it royal assent

Question 22

Name the 5 acts of Parliament

Answer 22

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

Question 23

Name 3 types of bill

Answer 23

Private bill
Public bill
Hybrid

Question 24

Who are law reform bills proposed by?

Answer 24

Law commission

Question 25

What is the purpose of consolidation bills

Answer 25

To reorganise existing law and simplify it

Question 26

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

Answer 26

English MPs and English and Welsh MPs

Question 27

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

Answer 27

``` First reading Second reading Committee stage Report stage Third reading ```

Question 28

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

Answer 28

Legislation grand committee Reconsideration stage Consequential Consideration

Question 29

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

Answer 29

The legislative Grand committee stage

Question 30

What is a double majority?

Answer 30

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

Question 31

What does the The Parliament Act 1911/1949 percent?

Answer 31

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

Question 32

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

Answer 32

Budget bills

Question 33

What is consolidating the law?

Answer 33

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

Question 34

What is the difference between incremental changes and Consolidation Law?

Answer 34

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

Question 35

What is ECHR?

Answer 35

European Convention of Human Rights

Question 36

How many sections does the ECHR have?

Answer 36

5 major

Question 37

What does Sch1 entail in the ECHR?

Answer 37

All agreed articles within UK There are 11 of them

Question 38

What does Sch2 of the ECHR entail?

Answer 38

The UK courts must take ECHR opinions into consideration on rulings

Question 39

What does Sch3 entail within ECHR?

Answer 39

All new legislation must be compatible with existing ECHR legislation

Question 40

What does Sch4 entail of the ECHR?

Answer 40

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

Question 41

What does Sch6 of the ECHR entail?

Answer 41

Only public authorities are required to comply with the ECHR

Question 42

Sch7 of the ECHR summary?

Answer 42

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

Question 43

What is delegated legislation?

Answer 43

Primary legislation as it initiated bills which become acts

Question 44

What does delegated legislation involve?

Answer 44

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

Question 45

What are the 4 types of statutory instruments?

Answer 45

Regulation Orders Bye laws Rules

Question 46

What are statutory Instrument regulations?

Answer 46

Gap fillers for parent act

Question 47

What are statuatory Instrument rules?

Answer 47

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

Question 48

Who are privy council?

Answer 48

Senior ministers

Question 49

Bye laws are...?

Answer 49

Local authorities make these to regulate local authorities

Question 50

What are controls of delegated legislation?

Answer 50

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)

Question 51

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

Answer 51

Joint committee

Question 52

Who considers policy implications on merits in statutory instruments?

Answer 52

House of Lords secondary legislation scrutiny

Question 53

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

Answer 53

To prevent the use of jargon and to determine ULTRA VIRES

Question 54

Name two types of Ultra VIRES and their purpose

Answer 54

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

Question 55

Name the pros for delegated legislation.

Answer 55

It’s quick Detailed flexible

Question 56

Name the cons for delegated legislation

Answer 56

High volume Poorly drafted Often use of jargon