law making

Question 1

what 3 institutions make up parliament

Answer 1

house of lords, house of commons, monarch

Question 2

what is the legislative process

Answer 2

starts in the house of commons: first reading, second reading, committee stage, report stage, third reading.
then to the house of lords and repeats the process.
then to ping pong
then royal assent.

Question 3

what is the consultation stage

Answer 3

the name of the bill is made

Question 4

what is a green paper

Answer 4

a preposition of an initial bill is put on the green paper during the consultation stage

Question 5

what happens at the first reading

Answer 5

the tittle of the bill is prepared, acts as a notification for the proposed bill.

Question 6

what happens at the second reading

Answer 6

MPS debate the main parts of the bill, after commons votes on weather it should continue.

Question 7

what is white paper

Answer 7

white paper is what the second reading is carried out on

Question 8

what happends at the comittee stage

Answer 8

thebill is given to experts and people who would be effected by it to examine and com eup with proposed amendments

Question 9

what happens in the report stage

Answer 9

committee reports back on what was decided in the committee stage to the house of commons and these amendments are voted on.

Question 10

what happens at the third reading

Answer 10

final chance for debate. no changes can be made only a vote on whether or not to continue the process.

Question 11

what happens during “ping pong”

Answer 11

when the bill goes to the house of lords and the process is repeated, if they alter anything it would go back to the house of commons for debate then back to the lords. this happens for any alterations suggested.

Question 12

what is the royal assent

Answer 12

the king must give his approval to any new legislation before it is put in place, it is never refused and always granted.

Question 13

what type of constitution does the UK have

Answer 13

unwritten constitution

Question 14

what are the 3 parts of a unwritten constitution

Answer 14

parliamentary sovereignty, the rule of law, separation of powers

Question 15

what is parliamentary sovereignty

Answer 15

the principle that an act of parliament can overrule any other form of legislation. e.g. judicial precedent, delegated legislation

Question 16

who created a theory on parliamentary sovereignty

Answer 16

AV Dicey

Question 17

what was AV Dicey theory on parliamentary sovereignty

Answer 17

split up into 3 parts:
1- parliament can make or unmake any law without legal constraints
2- no parliament can bind another
3- no act can be challenged by a court or have its validity questioned

Question 18

what is the rule of law

Answer 18

The rule of law is the framework that allows an open, fair and peaceful society. It is essentially about ensuring that: public authority is bound by and accountable before pre-existing, clear, and known laws. citizens are treated equally before the law.

Question 19

who cam up with the rule of law

Answer 19

AV Dicey

Question 20

what are the 3 components to the rule of law

Answer 20

1- no sanction without breach: people should not be punished unless they have broken the law
2- one law should govern everyone: everyone is equal before the law
3- rights if individuals are secured by decisions of judges

Question 21

what are 2 case examples of the rule of law being upholded

Answer 21

Al Rawi v security service (2010)
A and others v UK (2004)

Question 22

what happened in the case of Al Rawi v security service (2010)

Answer 22

Al Rawi, former Guantanamo Bay detainees brought claims against UK Government agencies for complicity in their detention, rendition and mistreatment. The Government submitted that it had an implied right to use secret evidence procedure if it needs to rely on sensitive material to defend the claims. This material would not be shown to the claimant or his legal representatives but would be seen by a advocate appointed to act on his behalf, The Government also wished the court to be able to give a secret judgment that would have been withheld from the claimants themselves. the UK Supreme Court ruled against the use of secret evidence in civil trials without parliamentary authorisation. The Supreme Court reasoned that the courts had no power to adopt a procedure allowing the use of secret evidence, on the basis that it wouldn’t comply with the right to a fair trial.

Question 23

what happened in the case of A and Others V UK (2004)

Answer 23

The case concerned the indefinite detention of foreign prisoners in the United Kingdom prison ‘Belmarsh’. The prisoners were held without trial under section 23 of the Anti-Terrorism, Crime and Security Act 2001. This decision and the subsequent detentions were challenged at court in terms of their compatibility with the aims of the European Convention on Human Rights. The House of Lords held that the provisions under which detainees were being held at Belmarsh prison (section 23) were incompatible with Article 5 of the European Convention of Human Rights.

Question 24

what are some case examples of breaches of the rule of law and what happens in them

Answer 24

prisoners vote: conservatives proposed to ignore a ruling made by the ECHR that gave prisoners the right to vote.
Abu Qatada: he was arrested in the UK and was going to be deported to him home county of Jordan. the human rights act 1998 protects people from torcher and if this was to happen he would be subject to torcher form Jordan.

Question 25

what is the act that recognises the rule of law

Answer 25

the constitutional reform act 2005

Question 26

what is the separation of powers

Answer 26

the idea that 3 parts of state should remain separate although there is some overlap

Question 27

what are the 3 parts of state in separation of power and what are each of them.

Answer 27

legislature: UK parliament, makes the law
judiciary: judges, interprets and applies the law
executive: government who enforces law

Question 28

who cam up with the principle of separation of powers

Answer 28

monstaquier

Question 29

why should all the branches remain separate according to the french bloke

Answer 29

• so each branch can keep a check on each other
• to ensure there there’s not to much power in the hands of the executive.
• to make sure they don’t go beyond there powers ( ultra vires)