how law is made Flashcards
what is a statue?
a law made by the Houses of Parliament
what 3 agency of power contribute to the creation of a statue?
- House of Commons
- House of Lords
- monarch
on average how many statues are passed during a parliament session?
60-80
what does a bill produced by green paper mean?
proposals for topic for discussions
what does a bill produced by white paper mean?
statement of government policy for implementation
what are the draftsmen for statues?
barristers/solicitors
how long may bills take to pass?
6 months unless they are urgent
what are the 5 types of legislation of acts of parliament?
- public general acts - a minister and of general applicability
- private acts - specific to certain bodies
- private members acts - private MPs who are not ministers
- local acts - specific to location
- hybrid acts - public acts affecting private interests
what is delegated legislation?
law made by a person/body other than parliament but with parliaments authority
what are the 3 components to delegated legislation?
- regulations or statutory guidelines
- statutory instrument
- local authority by-laws
can regulations be made or amended without the need to place before parliament made by delegated legislation
yes
can the court question the validity of delegated legislation (ultra vires)
yes
which body can delegated legislation cause tension with?
principle of parliamentary sovereignty
what is autonomic legislation?
independent body had power to legislation for its own members
what are the 3 examples of devolved legislation?
- welsh assembly
- Scottish parliament
- Northern Ireland assembly
can the devolved parliaments create statues?
yes
is there a second chamber in statues created in the devolved parliaments?
no
does the Senedd operate under the laws of England and Wales?
yes
can the Senedd pass its own legislation act which contains interpretative provisions?
yes
is the Senedd bilingual?
yes and both texts have equal validity
what are the 4 functions of legislation?
- codifying - stating/restating law on a particular topic
- amending legislation - alter existing provisions
- consolidating legislation - bring provisions together that contain a number of different legislations
- implementing treaties or conventions
what are the 7 stages of passing a bill?
- first reading - bills is read in the House of Commons or House of Lords
- second reading - the general principles of the bill is debated and a vote is taken
- standing committee - bill is amended is necessary, it amended it goes to the report stage
- report stage - amended bills are reported to the house and reviewed
- third reading - debate and vote on the bill in its final form
- 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
- royal assent - bill requires approval of the monarch then it becomes a law
what is the structure of and act? (6 components)
- short title
- year and chapter
- long title
- date of act
- preamble
- enacting formula
who suggested that parameters should be considered when drafting legislation?
Francis Bennion (1978)
what are the 9 parameters suggested by Bennion?
- legal effectiveness - given effect to legal intentions
- procedural legitimacy - formal requirements
- timeliness - time constraints
- certainty - law MUST clearly be set out
- comprehensibility - comprehensible to lay person
- acceptability - appropriate style
- brevity - short and compatible
- debatability - in parliament
- legal compatibility - new provisions need to fit in with existing provisions
