Lec 3: Introduction to Law Making- Legislation Flashcards
What form does legislation take ?
-Statutory Instruments- powers given to ministers conferred amongst the cabinet members.
-Delegated legislation can be challenged in courts so if a minister acts beyond the powers given to them, they can go above and beyond and ask for ultra vires from the court.
Reasons for legislation
- Social Engineering= National Health Service Act 1946- an act to provide for the establishment of a comprehensive health service.
- Codifying the Law - Making changes bringing legislation together- Theft Act 1968
- Consolidating eixisting legislation- Bringing existing legislation together- Equality Act 2010/ Children’s Act
Law Reform and Revision- Law Commission Divorce Law - Owens v Owens (2018)- “No Fault Divorce”
How is primary legislation made ?
It’s passed into the Houses of Parliament.
It starts as a bill in the HOC and then goes through many readings.
It is then passed onto the HOL where it will also go through all the readings.
The king will give the royal assent.
Once it has gone through this lengthy process, it becomes an act of parliament. Secondary legislation takes the form of statutory instruments with powers delegated by parliament to the executive.
It may be challenged in courts under ultra vires.
The passage of a bill through parliament
It starts of a bill which has been preceded by government consultation as a white or green paper.
The bill is passed first through HOC and then through the HoL’s.
It goes through multiple readings first in the Hoc and then through the HoL’s leading to a ‘ping-pong’ effect when it reaches the amendments stage.
Finally, the monarch gives the royal assent.
