Legislation Flashcards

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0
Q

What does parliamentary sovereignty mean?

A

Statute law prevails over case law because it is more democratic

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1
Q

What is Parliament?

A

The House of Commons, The House of Lords, and the Queen

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2
Q

What is separation of powers?

A

Separating power so that someone doesn’t control everything and become a dictator

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3
Q

Who came up with the political theory of separation of powers?

A

Montesquieu

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4
Q

What does codifying legislation mean?

A

Taking cases and statutes and putting them together to make new laws

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5
Q

What is consolidating legislation?

A

A lot of statutes on one topic combined

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6
Q

When does a statute come into effect?

A

On midnight on the day it receives royal assent, unless it specifies otherwise

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7
Q

Who influences parliament and initiates the call for reform? (Give 4)

A

Political Parties, Law commission, Political Manifesto, Events, European Unions, Media, Pressure Groups

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8
Q

What is the “Green Paper”?

A

A consultation document for a new Bill

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9
Q

What is the “White Paper”?

A

A firm proposal for new legislation

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10
Q

What is a Public Bill/Government Bill?

A

General law. Introduced to parliament by the minister responsible for the general area

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11
Q

Who can raise a Private Members’ Bill?

A

A backbencher MP of any party

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12
Q

What are the two types of ways Private Members’ Bills can be raised?

A

Ballot and “The 10-Minute Rule”

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13
Q

What is The 10-Minute Rule?

A

Where any MP can make a speech of up to 10 minutes supporting the introduction of a new legislation

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14
Q

What is a Ballot?

A

Where 20 Private MPs are selected who can take their turn in presenting a Bill to parliament

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15
Q

What is a Private Bill?

A

A law raised by a company or corporation that affects only them

16
Q

Which house must finance bills start in?

A

The House of Commons

17
Q

What happens in the “First Reading”?

A

A Bill is presented to parliament

18
Q

What happens at the “Second Reading”?

A

The main vote on the Bill

19
Q

What happens at the “Committee stage”?

A

A clause-by-clause consideration of the Bill by a select committee

20
Q

What happens at the “Report Stage”?

A

Amendments are suggested to the Bill

21
Q

What happens at the “Third Reading”?

A

Final Debate on the Bill

22
Q

How long can a normal Bill be held in either house for?

A

1 year

23
Q

How long can a finance Bill be held for?

A

1 month

24
Q

What to parliamentary acts 1911 & 1949 allow?

A

These allow a Bill to become Law even if the House of Lords keeps rejecting it

25
Q

What are some advantages of Legislation? (Give 2)

A

+ Statutes can usually be passed quickly e.g. Land Mines Act 1998
+ Statute law is more democratic than case law because judges aren’t elected

26
Q

What are some disadvantages of Legislation?

A

+ Legislation can be poorly drafted and hard to understand