Creation of Law Flashcards
The “Separation of Powers” consists of three constitutions, what are they called?
1) The Legislature (Parliament)
2) The Executive (Government)
3) The Judiciary (Judges)
What is the key function of the Legislature?
To make the laws.
Parliament is made up of three central elements: the House of Commons, the House of Lords and the Monarchy. The main business of Parliament takes place in the two Houses. Generally the decisions made in one House have to be approved by the other.
Which one of the following is the principal legislature in England and Wales?
A The Executive
B The House of Commons
C The Monarch
D Parliament
Parliament.
The principal legislature is the UK Parliament, which is based in London. This is the only body that has the power to pass laws that apply in all four countries
The UK Parliament consists of two Houses of Parliament. What are they called?
House of Commons.
House of Lords.
Under the Fixed-Term Parliament Act 2011 a General Election must take place every..
5 years.
However a general election make take place earlier if a vote is made under S2.
The Doctrine of Parliamentary Sovereignty is a fundamental principle of the UK constitution. What does it state that Parliament does not have absolute power over?
It states that no Parliament has absolute power and that no Parliament may make any law which limits the law-making process of future Parliaments.
What is the key function of The Executive (Government)?
To Govern the Country.
Senior Ministers assisting the Prime Minister are also known as the…
Cabinet.
What is the key function of The Judiciary?
To apply the Law.
Judges have the power to review decisions of Government Minister and other decision-makers to check they have acted within the legal powers. What is this process called?
Judicial review.
Describe what the doctrine of judicial precedent means?
The doctrine of precedent refers that the legal decisions made by judges in higher courts are remained as a precedent, so the decisions made by lower or equal courts in future are needed to be followed the earlier decision made in the higher court
The Law Commissions Act 1965 have a requirement to review and reform the law considering 4 main points:
1) Codification (Assembling all the law on a topic into one Act of Parliament
2) Removing anomalies
3) Repealing obsolete and unnecessary law
4) Simplifying and Modernising the law
The members of the Law Commission are appointed by…
The Lord Chancellor
When the government has decided to pass legislation in a particular area it may choose to publish the draft proposals in the form of……
Green Papers.
This document is made available to the public (usually through the government departments website) Feedback can be given by individuals and groups.
When the consultation is complete, the government will publish ……
White Papers.
This document will set the final version of the governments proposals following the consultation.
By subject matter bill.
A Public Bill affects the….
whole of the country. This is described as a Public General Act.
By subject matter bill.
A Private Bill affects….
a much more geographical area, such as a local authority area.
By subject matter bill.
A Hybrid Bill shares…
the characteristics of both a Public and a Private Bill.
By originator…
Name the two types of bills.
Government Bill
A Private Members Bill
By purpose…
Name the two types of bills
Law Reform Bill - if the bill is uncontroversial
Consolidation Bill - reorganise existing laws in statues/case law.
Why do some bills start in the House of Commons and others in the House of Lords?
In order to spread the workload of scrutinising bills evenly.
What does EVEL stand ford?
English Votes for English Laws.
What certificate is processed in order for English MPs to vote on England only or England and Wales only bills?
Speakers certificate.
House of Commons Procedure
Explain the process of
(a) The First Reading
(b) Second Reading
(c) Third Reading
(a) The Bill is formally presented and printed copies are made available
(b) The Minister or MP in charge of the Bill explains its purpose and principles involved. The House will debate on the bills purpose. If the Bill is approved it passes on to the committee stage.
(c) After the whole consideration stage, the bill is reviewed in its final form.
A bill may be passed several times between the two Houses in a process called
“ping pong” .. until the wording is agreed by both Houses.
Explain the purpose of the Constitutional Reform Act 2005?
It introduced major changes to the role of the Lord Chancellor, ensuring that he will no longer be able to act as a judge as well as a Government Minister.
This has brought the doctrine of the Separation of Powers closer to its requirements.
What year did the Human Rights Act 1998 come into effect in the UK?
2000.
What Schedule of the Human Rights Act 1998 includes all of the Articles of ECHR to which the UK has agreed to?
Schedule 1.
List 3 Articles listed in the Human Rights Act that the UK have agreed to
The right to life
The prohibition of torture
The Prohibition of slavery and forced labour
The right to a fair trial
The right to not be convicted of an offence which was not criminal at the time it was committed
The right to respect for private and family life
Freedom of thought, conscience and religion
The right to marry and start a family
Which one of the following is NOT a type of Bill? A Government Bill B Law Reform Bill C Opposition Party Bill D Consolidating Bill
C. Opposition Party Bill
What is the main purpose of the Parliament Acts 1911 and 1949?
To enable certain Bills to pass between the House of Commons and the House of Lords on a number of occasions (‘ping-pong’)
Which one of the following is NOT a form of protected right under Schedule 1 of the Human Rights Act 1998?
A Absolute
B Limited
C Qualified
D Restricted
D. Restricted
What Schedule of the Human Rights Act 1998 requires the UK to take into account decisions of the European Court of Human Rights.
Schedule 2.
NOTE: remember these decisions are persuasive not binding.
What Schedule of the Human Rights Act 1998 requires for courts to INTERPRET all legislation in a way which makes it compatible with the ECHR rights in Sch 1?
Schedule 3.
Courts may have to determine/interpret the exact meaning of the word or phrase in an Act.
What Schedule of the Human Rights Act 1998 provides that if the High Court, Court of Appeal, Supreme Court, etc..cannot interpert primary legislation in a way it complies with ECHR rights in Sch 1 that they must apply the Act and make a declaration of incompatibility?
Schedule 4.
What Schedule of the Human Rights Act 1998 provides that only public authorities, bodies such as the government or police are required to comply with the ECHR rights in Schedule 1
Schedule 6.
What Schedule of the Human Rights Act 1998 provides that a person who is in breach of their rights under ECHR by a public body can bring legal proceedings against that public body?
Schedule 7
What type of Act of Parliament delegates power to create secondary legislation?
A Authorising Act
B Enabling Act
C Delegating Act
D Entitling Act
B. Enabling Act
also known as the Parent Act
Delegated legislation is law made by some person or body other than parliament, but with the permission of parliament. The authority is laid down in a parent act of parliament, known as an enabling Act which creates the structure of the law and then delegates’ powers to others to make more detailed law in the area
Types of Delegated legislation
Describe what Regulations are for?
They are designed to fill in the gaps in the law which is set out in the Parent Act. They will tend to be more bulky and set out more information.
Types of Delegated legislation
Describe what Rules are for?
They are used to set out the procedures which must be followed, particularly in a court process.
Orders in Council are orders which are passed by…
The Monarch and a Group of Senior Ministers known as the Privy Council.
Which of the following statements correctly describe Orders in Council?
(i) They are a type of delegated legislation
(ii) They set out procedures which must be followed in court
(iii) They are passed by the Monarch and the Privy Council
(iv) They are created by a local authority
(i) They are a type of delegated legislation
(iii) They are passed by the Monarch and the Privy Council
The purpose and detail of a Public Bill will be explained to Parliament for the first time at the:
A First Reading
B Second Reading
C Report Stage
D Committee Stage
B Second Reading
Publication
s2 Statutory Instruments Act 1946 provides that…
Most Statutory Instruments must be printed and put on sale as soon as possible after they are made as under s3(2) a person charged with a criminal offence under a Statutory Instrument which has not been published can use this fact as a defence.
Which of the following describe the role of the Judiciary?
(i) To apply the law
(ii) To limit the power of Parliament
(iii) To overrule unjust legislation
(iv) To ensure that government ministers act within their powers
(i) To apply the law
(ii) To limit the power of Parliament
(iv) To ensure that government ministers act within their powers
What is the main role of the judiciary?
A To make the law
B To change the law
C To review the law
D To apply the law
D To apply the law
Which of the following are controls over delegated legislation?
(i) Judicial review
(ii) Preventing publication
(iii) Parliamentary Committees
(iv) Laying before Parliament
(i) Judicial review
(iii) Parliamentary Committees
(iv) Laying before Parliament
NOT preventing publication - Most Statutory Instruments must be printed and put on sale as soon as possible
Before a Bill is introduced to Parliament, a formal consultation process may take place. Which one of the following is a principle within the Code of Practice on Consultation for government departments?
A There is no set period for consultation
B A consultation must not be targeted at any particular group
C Responses to the consultation should not be published
D A consultation should not normally be conducted via the internet
A There is no set period for consultation
Section 3 of the Human Rights Act 1998 provides that:
A the Act has both vertical and horizontal effect
B the UK courts must take into account decisions of the European Convention on Human Rights (ECHR)
C only public institutions are bound to comply with the
ECHR rights in Schedule 1 of the Act
D the UK courts must, as far as possible, interpret legislation to make it compatible with the ECHR rights in Schedule 1 of the Act
D the UK courts must, as far as possible, interpret legislation to make it compatible with the ECHR rights in Schedule 1 of the Act
Which of the following statements correctly describe characteristics of Bye-laws?
(i) They are usually created by local authorities
(ii) They are a form of delegated legislation
(iii) They seek to regulate national activities
(iv) They must be confirmed by the Monarch in Council
(i) They are usually created by local authorities
(ii) They are a form of delegated legislation
What is the definition of Ultra Vires
Beyond one’s legal power or authority.
Latin (“beyond strength”)
What is the definition of intra vires
Latin for “within the powers.”
In relation to case law, what are ‘conjoined’ cases?
A Cases involving both civil and criminal law issues that need to be considered together
B Cases where a court is hearing two separate appeals at the same time because they involve a similar point of law
C Cases that involve two or more different types of claim between the same parties
D Cases where there is an overlap between two separate cases because the
same parties are involved in both
B Cases where a court is hearing two separate appeals at the same time because they involve a similar point of law
Who appoints the Lord Chancellor?
The Prime Minister
The Chancellor of the Exchequer
The President of the Supreme Court
The House of Lords
The Prime Minister
Other than being the Lord Chancellor which other ministry is the Lord Chancellor Responsible for?
The Ministry for Justice
The Treasury
Department for Communities and Local Government
The Home Office
The Ministry for Justice
