Legislation Flashcards
What begins the process of the preparation and passage of primary legislation?
The process begins with pre-legislative activities including consultations through Green and White Papers, and drafting by the Office for Parliamentary Counsel.
What principles are emphasised in the drafting of primary legislation?
The “good law” principles are emphasised, focusing on clarity, simplicity, and accessibility of law.
How does pre-legislative scrutiny enhance the legislative process?
Pre-legislative scrutiny by parliamentary select committees, like the joint committee on the Domestic Abuse Bill, enhances transparency and public engagement.
What are the key stages in the legislative process of primary legislation?
Key stages include the first reading, committee stage where Public Bill Committees examine bills in detail, report stage, and third reading.
How do the Lords and Commons differ in their approach to scrutiny of legislation?
The Lords allow for more comprehensive debate and have no timetabling, unlike the Commons which use “programme motions” to limit debate time.
What is an Act of Parliament and what are its structural components?
An Act of Parliament is a law enacted by the legislature, consisting of the long title, sections, and schedules relevant to its interpretation.
How do courts typically interpret Acts of Parliament?
Courts often use a purposive approach, considering the Act’s context and purpose, guided by principles of legality and interpretive presumptions.
What is delegated legislation and why is it used?
Delegated legislation allows the executive to make laws within parameters set by Parliament, addressing needs for flexibility and technical expertise.
What concerns arise with delegated legislation?
Concerns include improper delegation and the excessive use of Henry VIII powers, allowing significant alterations to primary legislation.
How is delegated legislation scrutinized and reviewed?
Parliamentary scrutiny varies, with committees like the DPRRC(Delegated powers and regulatory reform committee) and the Secondary Legislation Scrutiny Committee playing key roles. Judicial review ensures powers are not exercised beyond legal boundaries.
What is the Police, Crime, Sentencing and Courts Bill 2021 an example of?
What concerns does the use of omnibus bills raise in the legislative process?
The bill is an example of an omnibus bill, which addresses multiple issues simultaneously.
Omnibus bills raise concerns about thorough parliamentary scrutiny, as they encompass a broad range of issues in a single piece of legislation.
How do select committees contribute to the legislative process of the Police, Crime, Sentencing and Courts Bill 2021?
Select committees play a role in reviewing and scrutinising the bill, contributing to the legislative process by examining its details and implications.
What are programming motions and how do they impact legislative scrutiny?
Programming motions are used in the Commons to limit debate time on legislation, impacting the depth of legislative scrutiny and debate.
How do the complexities of legislative scrutiny manifest in modern governance with bills like the Police, Crime, Sentencing and Courts Bill 2021?
The complexities include balancing the need for comprehensive debate and scrutiny with legislative efficiency, highlighting challenges in modern governance.
