institution and law making ( P + S )

Question 1

three branches of the state?

Answer 1

legislative - makes law - by parliament
executive branch - administers and executes law - government, public bodies, kings bench
judicial/ judiciary - interprets and applies law - courts and tribunals

Question 2

legislature - unicameral? bicameral? what is uk?

Answer 2

unicameral - single chamber
bicameral - divided into 2 chambers upper and lower
uk is bicameral - house of lords upper house of Commons lower but has higher power of monarch who gives power to parliament to be bicameral

Question 3

been reforms of the house of lords, examples?

Answer 3

Parliament Act 1911 + 1949 - Lords are less accountable and don’t represent all the people of the UK ATP could veto legislation 1911 said they could delay it but not cancel
house of lords act 1999 - reduced the amount of hereditary to 92
Constitutional Reform Act 2005 apex court turned into Supreme Court - Legislation and judiciary become separate
house of lords reform act 2014 - life peers could retire or dismiss their role

Question 4

nature of the bill ? origin of the bill?

Answer 4

nature is public or private or hybrid ( who is it going to apply to )
origin is government or private members bills ( who it comes from )

Question 5

different types of commitees

Answer 5

public bill, select committee( specific ), committe of whole house ( done when emergencies or constitutive )

Question 6

differences when going through legislative process in house of lords to commons

Answer 6

there is no time frame ( more time to discuss ) and can amend up to the third reading and can debate more in the whole house

Question 7

difference between primary and secondary legislation?

Answer 7

primary legl is enabling acts or parenting acts and are broader rules general rules
secondary only exists because of primary legislation and is more specific and goes into details about rules you need to do second is amending

Question 8

types of secondary legislation

Answer 8

• orders in council ( powers of the crown exercised by the privy council )
• statutory instruments ( under acts of p ) eg regulations remedial orders devolution sis MOST POPULAR
• bye-laws ( decentralized law-making )
• rules codes of conduct or of practice eg police code of conduct or tax codes

Question 9

ways to pass a SI?

Answer 9

affirmative? only legally bidnig when p have accepted it and vote with yes or no and has no amending 40 days
negative ? will be legally binding unless p says so and have 21 days to do so
do have emergency but barely used.

Question 10

types of scrutiny for secondary legl

Answer 10

joint committee on SI ( draws attention to something wrong can take it or not )
delegated legislation committee ( comment on substance merit and policy of a SI )
house of lords secondary legl scrutiny committee ( looking at what seeking to do )
departmental select committees

Question 11

judical scrutiny of DL

Answer 11

judicial review only primary vires with secondary
nature - limits of power or nature of power
procedural ultra vires p can cancel any SI
substantive ultra vires