Creation of Law Flashcards
Judicial Review
The power that judges have to review their decisions of government and other decision makers, checking that they have acted within their legal powers
Parliamentary Sovereignty
A principle of the UK constitution which makes parliament the supreme legal authority in the UK, with the power to create or end any law. No parliament can pass laws that bind future parliaments. Although membership of the EU and the Human Rights Act 1998 have placed limitations on parliament sovereignty, they have not undermined the principle as parliament could repeal the Acts which brought about these changes at any time
Parliament
The Legislature of the UK comprising of the House of Commons and the House of Lords. The Crown, The Queen, Has certain formal roles such as opening Parliament and giving Royal Assent to Bills
The Judiciary
The Judges. The Role of Judges is to apply the law to decide the cases bought before them un court. They have the power to review decisions of government ministers and other decision makers to check they have acted within their legal powers. this process is called judicial review
The Executive
The government ministers from the political party who won the general election- they make decisions and run the country.
Separation of Powers
The Doctrine that the liberty of the individual can be protected only if the three main functions for the state are exercised by distinct and independent organs, the legislature, the executive and the judiciary.
The organs of government
These are made up of the legislature, the executive and the judiciary.
Secondary Sources of Law
Delegated Legislation. Law made by government minister or other body under powers given to them by a statute
Primary Sources of Law
An act of parliament
Green Paper
Government proposals for the creation of a new act are initially published in a document with sets out the problems with the current law on a particular issue and sets our the proposals for change. The document is circulated to interested parties who are invited to comment.
White Paper
A document published by the government when the consultation process is completed which sets our their proposals for a new law and the reasons for them
Act of Parliament
Also known as statute, a legal document that sets our legal rules tat has passed through the houses of parliament and been formally agreed by the crown (the queen)
Private Bills
Bill which proposes new law which affects a limited geographical area or a limited group or institution
Public Bill
Bill which proposes new law which affects the country as a whole
Hybrid Bill
Bill which proposes new law which affects the country as a whole, but also can be applied to a limited geographical area, limited group or institution
The Parliament Acts 1911 and 1949
Acts of Parliament which limit the scope of the house of lords to block bills approved by the house of commons
Statute
An act of parliament
First Reading
The formal presentation of a Bill to Parliament
Second Reading
First opportunity for the minister proposing the bill to explain it in detail and first debate and vote
Committee stage
Each clause of a bill is examined in detail and parts will be amended/deleted by a committee. the committee will be English only or English and welsh only if the speaker has issued a certificate
Report Stage
Bill formally reported back to House. (Commons or Lords)
Third Reading
Bill is reviewed in its final form, minor amendments can be proposed, debated and voted on.
Consideration of Amendments
The house in which the bill was first introduced will consider the amendments of the other house, if they are not agreed, ping pong process will take place back and forth until changes have been agreed on
Royal Assent
A bill is formally signed and authorised by the queen and it becomes an act
House of Commons
Consists of elected members (mps) who can make laws
House of Lords
Consists of peers, life and hereditary and some bishops
