Legal System Legislation Flashcards
What is the doctrine of parliamentary sovereignty
Parliament is the supreme law- making body in the country. Statute can amend case law, but not vice versa
What are the 2 most common types of legislation
Acts of Parliament
Statutory instruments
What are statutory instruments aka
secondary subordinate or delegated legislation,
Who makes SI
ministers and civil servants
Where do SIs have their starting point?
a reference in a given statute: a ‘parent’
Act
How are SIs made?
- ‘laid’ in draft for a period of days in an office in HOC
- ‘made’, or signed, by the minister, at which point they become law
What are council byelaws
Local laws made by local councils under an enabling provision granted by an Act of Parliament
Usually accompanied by sanction or punishment for non- observance
When can bylaw take effect
when confirmed by the appropriate minister
Types of primary legislation
- Private statutes
- Public statutes inc:
1.make/ amend law
2. Consolidating legislation
3. Codifying legislation
First part of AoP
name of the Act aka the short title
(eg. ‘the Human Rights Act (HRA) 1998’)
Types of secondary legislation
- Statutory instruments made by government ministers
- Byelaws made by local authorities
Second part of AoP
Year and chapter (no. of acts in given sequence)
What is the purpose of an AoPs long title
Explaining in more detail the subject matter
(eg. for HRA: An Act to give further effect to rights and freedoms guaranteed under the European Convention on Human Rights; to make provision with respect to holders of certain judicial offices who become judges of the European Court of Human Rights; and for connected purposes)
What does the date of the act indicate
when Royal Assent was given
What is after the long title on an AoP
The enacting formula, indicating the Act has passed through the necessary constitutional process, namely approval by and consent of the monarch and Parliament.
What do the Parliament Acts 1911 and 1949 provide?
Can pass Bill without agreement of Lords
Can enacting formulas be different depending on the act?
Yes
What is after the enacting formula on an AoP
Organised into sections, each section has description
Often start with definitions
What is usually towards the end of an AoP?
Interpretation section
Matters relating to commencement, application and extent
What are public bills?
concern matters affecting the public as a whole
2 categories of public bills
-
Government Bills introduced by
minister as part of the Govs legislative programme - Private Members Bills: non-Government-sponsored Bills introduced by backbench MPs
How are private members bills bought about?
- ballot for the entitlement to present a Bill
- 20 MPs can present titles and nominate a date fore 2nd reading
- OR use 10-minute rule procedure/ordinary presentation
What are private bills?
Affect particular people, organisations or localities
Where can private bills start?
either House of Parliament
What are Hybrid Bills
combine elements of both Public and Private Bills
What are the 4 triggers for creation of primary legislation?
- party political manifesto pledges
- administrative, technical and managerial matters necessary to the organised functioning of Government
- changes in the nature of society
- unexpected events/crises
What is Consolidation legislation
Where one statute re- enacts law that was previously contained in several different statutes
There is a (rebuttable) presumption that consolidation does not materially change earlier legislation
What is Codification
Where all the law on some topic, which may previously have been covered by common law, custom and even statute(s), is brought together in one new statute.
May change the pre- existing law
Can Consolidation and Codification change the existing law?
Consolidation: no
Codification: yes
Can Consolidation and Codification include case law?
Consolidation: usually not
Codification: yes
What is the format of an Act of the National Assembly (Wales)
Similar to Westminster primary legislation but with the welsh coat arms at the top
What are the stages for passing a National Assembly Act (Wales)?
- Bill formally introduced
- Stage 1: initial committee report, consideration of correspondence, timetable and consideration by the finance committee, debate on general principles in plenary, financial resolution
- Stage 2: detailed committee stage where amendments considered.
- Stage 3: plenary consideration of amendments
- Royal Assent
When can Hansard be used as an aid to statutory interpretation?
Statutory provision is ambiguous
AND theres a statement about it in Hansard by a gov minister.
What rules of statutory interpretation were UK courts required to apply to EU law?
Purposive approach
Following royal assent, when does a bill become law if not otherwise specified (no commencement order)?
Midnight the same day
