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