law making 8 markers Flashcards
describe the legislature process of a public bill
-green paper- this is a draft consultation document for experts to gather their views.
This stage can be missed out
-white paper- this is a firm proposal, taking into account comments gathered in the green paper stage. includes a draft bill
-first reading- this is a formality where the title and main aims are read out. no discussion takes place.
-second reading- this is main debate- strengths and weaknesses. chaired by speaker. the majority vote.
-committee stage- small groups of MPS (16-50) special interest and go through the proposal clause by clause and propose amendments.
-report stage- the committee reports back amendments. they debate and vote, if no amendments this stage is skipped.
-third reading- this is a formality and the final vote which is unlikely to fail, 6 or more ops will ask then debate. changes grammatical only
-other house- bill is passed to the other house (mainly starts in the commons and so goes to the lords, exacts reaction process.
amendments must be agreed by high courts before the bill Is sent for royal assent. parliament act 1911.
-royal assent- this is a formality where the monarch have no power, last refused by queen In 1707
three types of parimentary bills
public bill- this is proposed by the government of the day, majority of public bills involves matters of public policy. introduced in the House of Commons. if passed into law this can affect whole population. example- police and criminal offence act 1984
-private bill- this is private individuals or organisations and always start in the House of Lords. this will effect one parlituclar area of the population or an organisation. example- university of Manchester act 2004
private members bill- this is a form of public bill, proposed by individual ops or lords often regarding controversial moral issues. no political party wants to lose a vote for introducing a law. if passed can affect whole population. one example- terminally ill adults 2024-2025
types of delegated legislation
bylaw- made by local authorities to deal with matters which affect their local area. key act- local government act 1982.
can also be made by public corporations to deal with matters in their jurisdiction that will affect the public. for example parking fines.
-orders in council- the government exercise this power, this means the government can make laws without going through parliament.
respond to national emergencies or urgent matters. act- misuse of drugs act 1971
-statutory instrument- these are rules and regulations made by the government ministers in their local areas such as education or healthcare. powers are set out in enabling act or parliament act.
approx 3000 statutory instruments are brought before parliament each year, only a small number of these are debated. for example- healthcare and safety at work act 1974.
why delegated legislation is needed
knowledge- local knowledge from local authorities is important because they know their local area and are in a better position know what bylaws are needed in the local area.
-flexible- delegated legislaltion is more flexible that passing primary legislaltion as it doesn’t have to go through the 9 stages for example dl can be passed within less scrutiny to negative procedures it will automatically become law after 40 days
-expert- STIs must be detailed and understood by certain professions, so we need experts in that area to pass this type of law, such as asbestos regulations under the health and safety ar work act 1974.
-emergency- sometimes laws need to be passed urgently, and this isn’t possible to do in parliament because of the 9 stages of primary legistaltion such as responding to terrorist attacks.
time- parliament doesn’t have enough time to pass and update all the laws that are needed, there are approx 3000 statutory instruments passed each year, this would mean that MPs wouldn’t be able to deal with anything else that was needed.
controls by parliament- del leg
key act- statutory instrument 1946
-enabling act- initial way of controlling dl
consolation- parliament details the boundaries within the parent act
publication- enabling act sets out who can make regulations and what procedures should be followed as well as the types of laws made
amendment- parliament can repeal or amend the powers of dl at any time
-resolution procedures- affirmative- a small number of SIs require parliament approval before enacted 20%, more serious set out in enabling act. consent by both houses. parliament can’t amend
negative procedures- most common si 80%. will become law unless rejected by parliament within 40 days. mp can object through a prayer motion, only few looked at.
-scrutiny committee- reviews all SIs, sifting negative procedures and through checks- affirmative.
can refer to the house of parliament if imposes a charge, goes beyond powers of enabling act or unclear. committees can only refer back to parliament, cannot alter the law.
controls by court- del leg
this is the process to review lawfulness of a decision made by a public body. there is a 3 month time limit.
substance ultra vires- substantive law if the set of rules that governs how member of society should behave. ultra vires bit is where the public body have no power to make the dl in question beyond the powers given in enabling act- case= r v the prime minister.
procedural ultra vires- the procedural law Is the set of law procedures used for law making, administering and enforcing substantive law.
the procedural ultra vires is where the public body didn’t follow the correct procedure when passing there dl, gone outside scope of enabling act.
dl will be null and void, use correct procedure, example= aylesbury mushroom case
unreasonable ultra vires- this is where a public body has made a decision or passed dl that is so unreasonable that no reasonable body would ever consider imposing it.
difficult test to pass, if it is met the the decision is null and void- case= Ann summers v job centre plus
