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legal and criminal justice systems > how law is made > Flashcards

how law is made Flashcards

1
Q

what is a statue?

A

a law made by the Houses of Parliament

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2
Q

what 3 agency of power contribute to the creation of a statue?

A
  1. House of Commons
  2. House of Lords
  3. monarch
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3
Q

on average how many statues are passed during a parliament session?

A

60-80

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4
Q

what does a bill produced by green paper mean?

A

proposals for topic for discussions

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5
Q

what does a bill produced by white paper mean?

A

statement of government policy for implementation

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6
Q

what are the draftsmen for statues?

A

barristers/solicitors

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7
Q

how long may bills take to pass?

A

6 months unless they are urgent

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8
Q

what are the 5 types of legislation of acts of parliament?

A
  1. public general acts - a minister and of general applicability
  2. private acts - specific to certain bodies
  3. private members acts - private MPs who are not ministers
  4. local acts - specific to location
  5. hybrid acts - public acts affecting private interests
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9
Q

what is delegated legislation?

A

law made by a person/body other than parliament but with parliaments authority

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10
Q

what are the 3 components to delegated legislation?

A
  1. regulations or statutory guidelines
  2. statutory instrument
  3. local authority by-laws
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11
Q

can regulations be made or amended without the need to place before parliament made by delegated legislation

A

yes

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12
Q

can the court question the validity of delegated legislation (ultra vires)

A

yes

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13
Q

which body can delegated legislation cause tension with?

A

principle of parliamentary sovereignty

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14
Q

what is autonomic legislation?

A

independent body had power to legislation for its own members

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15
Q

what are the 3 examples of devolved legislation?

A
  1. welsh assembly
  2. Scottish parliament
  3. Northern Ireland assembly
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16
Q

can the devolved parliaments create statues?

A

yes

17
Q

is there a second chamber in statues created in the devolved parliaments?

A

no

18
Q

does the Senedd operate under the laws of England and Wales?

A

yes

19
Q

can the Senedd pass its own legislation act which contains interpretative provisions?

A

yes

20
Q

is the Senedd bilingual?

A

yes and both texts have equal validity

21
Q

what are the 4 functions of legislation?

A
  1. codifying - stating/restating law on a particular topic
  2. amending legislation - alter existing provisions
  3. consolidating legislation - bring provisions together that contain a number of different legislations
  4. implementing treaties or conventions
22
Q

what are the 7 stages of passing a bill?

A
  1. first reading - bills is read in the House of Commons or House of Lords
  2. second reading - the general principles of the bill is debated and a vote is taken
  3. standing committee - bill is amended is necessary, it amended it goes to the report stage
  4. report stage - amended bills are reported to the house and reviewed
  5. third reading - debate and vote on the bill in its final form
  6. transfer to House of Lords - bill goes through the same changes … if HL makes changed it goes back to HC - both house MUST agree before it becomes a law
  7. royal assent - bill requires approval of the monarch then it becomes a law
23
Q

what is the structure of and act? (6 components)

A
  1. short title
  2. year and chapter
  3. long title
  4. date of act
  5. preamble
  6. enacting formula
24
Q

who suggested that parameters should be considered when drafting legislation?

A

Francis Bennion (1978)

25
Q

what are the 9 parameters suggested by Bennion?

A
  1. legal effectiveness - given effect to legal intentions
  2. procedural legitimacy - formal requirements
  3. timeliness - time constraints
  4. certainty - law MUST clearly be set out
  5. comprehensibility - comprehensible to lay person
  6. acceptability - appropriate style
  7. brevity - short and compatible
  8. debatability - in parliament
  9. legal compatibility - new provisions need to fit in with existing provisions

legal and criminal justice systems (18 decks)

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