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English Legal Systems & Constitutional Law > ELS > Flashcards

ELS Flashcards

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1
Q

What are the 2 types of secondary legislation

A

Statutory instruments (made by government ministers) and Bye-laws (made by local authorities)

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2
Q

Public vs private bills

A

Public bills are those which affect the public at large, ie the Stalking Act. Private bills are those which affect a particular locality (ie to build a new railroad)

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3
Q

Consolidation of law

A

Where one statute re-enacts law which was previously contained in several different statutes. Does not materially change earlier law - merely “tidies up the law”

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4
Q

Codification of law

A

Where all of the law on some topic, which may previously have been covered by common law, custom, and even statute, is brought together in one new statute. This may change the pre-extisting law

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5
Q

Does consolidating the law include case law?

A

No

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6
Q

Does codifying the law include case law?

A

Yes

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7
Q

Does consolidating the law change the old law?

A

Usually not

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8
Q

Does codifying the law change the old law?

A

Yes

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9
Q

Who makes delegated and subordinate legilsation?

A

Bodies other than Parliament - such as local authorities, the Crown, ministers but with the authority of Parliament

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10
Q

Delegated legilsation characteristic

A

Often technical

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11
Q

What are statutory instruments? How do they come into place?

A

Statutory instruments are the most common form of delegated legislation. These come into force under affirmative or negative procedures.

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12
Q

Affirmative procedure

A

a statutory instrument must be actively approved by both Houses of Parliament

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13
Q

Negative procedure

A

a statutory instrument will come into force unless either House votes to annul it within 40 days –> automatic

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14
Q

Bye-laws

A

Local laws are made by local authorities and bodies with public functions such as Transport for London. As bye-laws create criminals, they cannot take effect until appropriate Minister has confirmed

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15
Q

European Communities Act 1972

A

The European Communities Act 1972 (ECA) was the legislation that allowed the United Kingdom to join the European Economic Community (EEC) and eventually the European Union (EU

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16
Q

When did EU law cease to apply in the UK

A

31st December 2020

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17
Q

Retained EU Law

A

a type of UK domestic law. It was created by the EU (Withdrawal) Act 2018 (EUWA), and came into effect at the end of the UK’s post-Brexit transition period (the end of 2020). The primary objective of REUL was to provide legal continuity and certainty

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18
Q

How many EU institutions are there? What are they?

A

4 - Council of European Union, European Commission, European Parliament & Court of Justice of the European Union

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19
Q

The Council of the European Union

A

Consists of a government representative from each Member State, this is the decision making body of the Union

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20
Q

The European Commission

A

This develops policy. It consists of independent Commissioners appointed by national governments, but who must work independently of national loyalties and who make proposals for legislation and oversee the implementation of legislation

21
Q

The European Parliament

A

Made up of elected members. Its role lies in the legislative process

22
Q

CJEU (court of justice of European union)

A

This refers collectively to the General Court and the EU’s highest court (the Court of Justice)

23
Q

Define the difference between secondary and primary EU legislation

A

Primary - the major treaties which is binding on all member states and cannot be challenged in national courts or the ECJ.

Secondary -which emanates from the institutions, takes the form of regulations, decisions and directives

24
Q

Treaty Articles

A

The TFEU is divided into short sections known as articles. These articles form part of the legal systems of all Member States

25
Q

Regulations

A

Once a regulation has been passed, it automatically becomes part of the legal system of all Member States.

26
Q

Which can be directly effective?

A

Treaty articles & regulations

27
Q

Directives

A

Are binding on the member state but it is up to each member state to decide on the form and methods to the national authority

28
Q

How did the UK implement Directives

A

The UK usually implemented a Directive into national law by passing delegated legislation containing the provisions aimed at meeting the objective specified in the Directive.

29
Q

What happens if a Directive is implemented incorrectly or not at all?

A

It may have a direct effect, and an individual can rely on it in the national courts, but only against the state or a state body.

30
Q

If a directive has been implemented incorrectly in a Member State, can an individual take action against a private body?

A

No - it must be a state or state body

31
Q

Decisions

A

Are binding in their entirety upon those to whom they are addressed, ie Member States or individuals

32
Q

HRA 1998

A

Requires UK courts to read and give effect to secondary and primary legislation in a way which is compatible with the protection of the human rights as defined by the European Convention of Human Rights

33
Q

The European Convention of Human Rights

A

Adopted in 1950 as a statement to unify Europe

34
Q

Human Rights Act 1998

A

Statute which incorporates the European Covention of Human Rights. The Act gives judges at the level of High Court and above the power to make a declaration of incompatibility

35
Q

What is a declaration of incompatibility

A

If an Act of Parliament is at variance with the protection of one or more Convention Rights

36
Q

Article 2

A

Right to Life

37
Q

Article 3

A

Prohibition of Torture

38
Q

Article 4

A

Prohibition of slavery & labour

39
Q

Article 5

A

Right to liberty & security

40
Q

Article 6

A

Right to a fair trial

41
Q

Article 7

A

No punishment without lawful authority

42
Q

Article 8

A

Right to respect family & private life

43
Q

Article 9

A

Right to freedom of thought, conscience and religion

44
Q

Article 10

A

Right to freedom of expression

45
Q

Article 11

A

Right to marry

46
Q

Absolute right

A

There are no conditions/limitations - ie right to freedom from torture

47
Q

Qualified rights

A

Require a balance between the rights of the individual and the needs of the wider community

48
Q

Limited rights

A

Can be restricted in specific situations, such as when it’s necessary to protect the rights of others, or for national security

English Legal Systems & Constitutional Law (4 decks)

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