Law Making Key Definitions Flashcards
Define Public Bill
Public Bill changes the law as it applies to the general population and it is the most common type of bill introduced to the parliament. An example of Public Bill is the OLA 1957 which ensures that lawful visitors are kept reasonably safe on the premises, where a visitor is injured on the premise due to the state of the premise, then a claimant can claim for injuries or loss against the occupier.
Define Private Bill
Private Bill changes the law as it applies to specific individuals and organisation rather than the general public. An example is the University of London Act 2018- this granted universities official statutes.
Define Private Member Bill
Private member Bill are public bills introduced by members of parliament and house of lords who are not government ministers. An example of private member bill is the capping of energy prices.
What is the Green paper?
What is the White Paper?
The Green paper refers to government consultation on policy
The White paper refers to a published statement of government policy or strategy
Explain the First reading
This is the first stage of the Bill passage and it goes through the House of Commons without formality. This takes place without a debate . The title is read out by member of parliament followed by an order to be printed out.
Explain the Second Reading
The second reading is the first opportunity for the members of parliament to debate the main principle of bill. The government ministers, spoke person and the MP responsible for the bill, opens the second reading debate. At the end of the debate the commons decides whether the Bill should be given its second reading by voting meaning it can go to the next stage.
Explain the Committee stage
The committee stage is where the detailed examination of the Bill takes place. Amendments for discussions are selected by the chairman of the committee and only members of the committee can vote for amendments during the committee stage. Every clause in the Bill is agreed to, changed or removed from the Bill, although this might happen without debate .
Explain the Report Stage
Report stage gives MPs an opportunity on the floor house, to consider further amendment on the bill which has been examined in the committee stage.
Explain The Third reading
The third reading is the final stage for the commons to debate the content of a bill. It usually takes place after the report stage
Define Delegated legislation
Delegated legislation is a law made by some person or body other than parliament but with the authority of the parliament.
Explain the Enabling Act
Enabling Act creates a framework of the law and delegate powers to others to make more detailed law in the area. An example of the Enabling act is the Police and Criminal Evidence act 1984
What are three types of delegated legislation
Orders in Council
Statutory instrument s
By laws
Explain Orders in Council in details
These orders are made by members of the Privy Council which includes all secretaries of state and ministers .
It allows ministers to make legislations without debates in parliaments.
For example, it can make laws in emergencies under the Civil Contingencies Act 2004 and transfer responsibility between government departments
Transferring responsibility between governments departments, for example, when the ministry of justice was created powers was taken from other departments.
The orders are not binding on the privy council, for example an order was used to downgrade cannabis to a class C drug, this was reversed 5 years later putting it back to a class B drug.
Explain Statutory instruments in details
These are the rules and regulations made by government ministers for specific areas of the department.
For example, the minister of transport can deal with road traffic regulations
Statutory instruments can be short and cover on point such as making change to minimum wage.
it can also be long with detailed regulations that were too complex to include in an Act of parliament. There were 1406 statutory instruments made in 2022.
Explain By laws in details
These are made by local authorities or public bodies such as the BBC and the British Airports Authority.
A Body can make a law for their own boundaries e..g Newcastle City Council can make bylaws for the city.. for example a by law prohibits skateboarding in Eldon Square.
What is Parliamentary Supremacy ?
Parliament is the supreme law making body in England and Wales. This means that any Act of Parliament cannot be overturned or repealed by any other body . Its the court role in the process to apply the law
What is Statutory interpretation
This means that the court must interpret legislation, words and phrases to bring out the intention of parliament. Ensuring the law is applied as they wrote it
Explain the literal rule in details
Literal Rule examines the plain, ordinary and natural meaning of a word and applies to the case this is usually the dictionary definition.
Literal rule assumes that parliament intended what has been written and the approach will usually achieve the result that parliament intended . It id used by formal style judges and its interprets in its purest form
case example for literal rule (1)
LNER V BERRIMAN
it was held that oiling the tracks is not relaying and repairing under the plain ordinary and natural meaning of the words, therefor no compensation was payable
case example for literal rule (2)
CHEESEMAN
It was held that the police were not passengers as they were going to the bathroom because of Cheeseman
Explain Negative Resolution Procedure
This means that the relevant SI will become law unless rejected by parliament within 40 days of publication.
Explain Affirmative Resolution Procedure
This means that small number of statutory instruments will not become law unless approved by the parliament. e.g this is required before new or revised police codes pf practice under PACE 1984 can come into force
Explain Scrutiny by committee
