legislation Flashcards
what two houses are parliament made up of
house of lords
house of commons
which house is made up of elected individuals, elected every 5 years?
house of commons
what are two parliamentary legislations
summary legislation
indictable legislation
summary legislation
tried at magistrates court
legalised by statutory instruments or subordinate laws
indictable legislation
created by parliament
unless its a case law in which it is created by courts
what is a law etc called before it is an actual law?
bill
anything concerning money taxes must start in which house
house of commons
what is our unwritten law known as?
court judgements and conventions - unmodified system
legislative supremacy
The law-making powers of parliament are supreme – enacted by the Bill of Rights (1698)
Current governments cannot legislate in a way in which could bind or restrict future iterations of it
Courts must give effect to the most recent expression of parliaments will
Parliamentary law will also then remain supreme
Slightly modified by our membership within the EU, and although this has little effect on criminal law – it does impact supremacy.
what is common law
law created by case development through our court system
advantages to acts of parliament
if a new law is passed, or something needs changing, Act is the most effective way
being retrospective
Acts of Parliament cannot be retrospective
cannot legislate on things that have happened in the past
case law is often retrospective
statutory interpretation
courts step in to provide understanding of the legislation
courts apply context to legislation to ensure that is applied fairly and accurately
what is prorogation
marks the end of parliamentary session and happens before a new parliament sits
also kills all bills which are currently in process unless a carry over motion is passed
what court is highest in the land and how many people are there?
supreme court
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