Legal systems: Legislation

Question 1

What is the doctrine of parliamentary sovereignty

Answer 1

Parliament is the supreme law- making body in the country. Statute can amend case law, but not vice versa

Question 2

What are the 2 most common types of legislation

Answer 2

Acts of Parliament
Statutory instruments

Question 3

Types of secondary legislation

Answer 3

• Statutory instruments made by government ministers
• Byelaws made by local authorities

Question 4

What are statutory instruments aka

Answer 4

secondary subordinate or delegated legislation,

Question 5

Who makes SI

Answer 5

ministers and civil servants

Question 6

Where do SIs have their starting point?

Answer 6

a reference in a given statute: a ‘parent’
Act

Question 7

How are SIs made?

Answer 7

1. ‘laid’ in draft for a period of days in an office in HOC
2. ‘made’, or signed, by the minister, at which point they become law

Question 8

What are council byelaws

Answer 8

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

Question 9

When can bylaw take effect

Answer 9

when confirmed by the appropriate minister

Question 10

Types of primary legislation

Answer 10

• Private statutes
• Public statutes inc:
  1.make/ amend law
  2. Consolidating legislation
  3. Codifying legislation

Question 11

First part of AoP

Answer 11

name of the Act aka the short title
(eg. ‘the Human Rights Act (HRA) 1998’)

Question 12

Second part of AoP

Answer 12

Year and chapter (no. of acts in given sequence)

Question 13

What is the purpose of an AoPs long title

Answer 13

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)

Question 14

What does the date of the act indicate

Answer 14

when Royal Assent was given

Question 15

What is after the long title on an AoP

Answer 15

The enacting formula, indicating the Act has passed through the necessary constitutional process, namely approval by and consent of the monarch and Parliament.

Question 16

What do the Parliament Acts 1911 and 1949 provide?

Answer 16

Can pass Bill without agreement of Lords

Question 17

Can enacting formulas be different depending on the act?

Answer 17

Yes

Question 18

What is after the enacting formula on an AoP

Answer 18

Organised into sections, each section has description
Often start with definitions

Question 19

What is usually towards the end of an AoP?

Answer 19

Interpretation section
Matters relating to commencement, application and extent

Question 20

What are public bills?

Answer 20

concern matters affecting the public as a whole

Question 21

2 categories of public bills

Answer 21

1. Government Bills introduced by
   minister as part of the Govs legislative programme
2. Private Members Bills: non-Government-sponsored Bills introduced by backbench MPs

Question 22

How are private members bills bought about?

Answer 22

1. ballot for the entitlement to present a Bill
2. 20 MPs can present titles and nominate a date fore 2nd reading
3. OR use 10-minute rule procedure/ordinary presentation

Question 23

What are private bills?

Answer 23

Affect particular people, organisations or localities

Question 24

Where can private bills start?

Answer 24

either House of Parliament

Question 25

What are Hybrid Bills

Answer 25

combine elements of both Public and Private Bills

Question 26

What are the 4 triggers for creation of primary legislation?

Answer 26

1. party political manifesto pledges
2. administrative, technical and managerial matters necessary to the organised functioning of Government
3. changes in the nature of society
4. unexpected events/crises

Question 27

What is Consolidation legislation

Answer 27

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

Question 28

What is Codification

Answer 28

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

Question 29

Can Consolidation and Codification change the existing law?

Answer 29

Consolidation: no
Codification: yes

Question 30

Can Consolidation and Codification include case law?

Answer 30

Consolidation: usually not
Codification: yes

Question 31

What is the format of an Act of the National Assembly (Wales)

Answer 31

Similar to Westminster primary legislation but with the welsh coat arms at the top

Question 32

What are the stages for passing a National Assembly Act (Wales)?

Answer 32

1. Bill formally introduced
2. Stage 1: initial committee report, consideration of correspondence, timetable and consideration by the finance committee, debate on general principles in plenary, financial resolution
3. Stage 2: detailed committee stage where amendments considered.
4. Stage 3: plenary consideration of amendments
5. Royal Assent

Question 33

When can Hansard be used as an aid to statutory interpretation?

Answer 33

Statutory provision is ambiguous
AND theres a statement about it in Hansard by a gov minister.

Question 34

What rules of statutory interpretation were UK courts required to apply to EU law?

Answer 34

Purposive approach

Question 35

Following royal assent, when does a bill become law if not otherwise specified (no commencement order)?

Answer 35

Midnight the same day