Legislation as a Source of Law Flashcards
When is a bill considered by a committee of the House into which it has been introduced?
Only after the second reading
True or false, parliament cannot repeal earlier statues, it can only amend them?
False
True or false, parliament can pass a statute that is unalterable by subsequent parliaments?
False
True or false, parliament cannot overrule case law?
False
True or false, parliament cannot be challenged by the courts about the validity of an act?
True
What form of legislation is an act of parliament?
Primary
What form of legislation is a statutory instrument?
Secondary
What form of legislation is an order in council?
Secondary`
What form of legislation is the regulations of the CIOT?
Secondary
What happens when statutory instruments are subject to the affirmative procedure?
They must be considered by the Joint and Select Committee on Statutory Instruments
Which legislature(s) exercises control over delegated legislation?
Control over delegated legislation is exercised by both the courts and parliament
True or false, an order in council is a source of primary legislation?
True, but an order in council is a source of both primary and secondary legislation
Which of the following is not an Act of Parliament?
1. An enabling act
2. A consolidating act
3. A private act
4. A statutory instrument
A statutory instrument
True or false, parliament is able to alter the law as laid down by the Supreme Court in an appeal?
True
True or false, parliament is able to enact legislation without Royal Consent?
False
True or false, a statutory instrument can come into force before it is made and debated?
True - affirmative procedure - a statutory instrument can come into force before it is made and debated but cannot remain in force unless approved within the stated period (28 days)
What is subordinate legislation?
Delegated legislation, and parliament cannot delegate to itself or to any part of itself. e.g HMRC, The Home Secretary & The Port of London Authority are all examples of persons or bodies to whom the power has been delegated
Does repealing an act have retrospective effect?
No, only retroactive (tax law - transactions not complete), if a law is broken that is subsequently repealed, this does not prevent proceedings being instituted
When does an act come into force?
On the date specified or on the day it receives Royal Assent, takes effect from the beginning of the day on the day in which it comes into force
Which two of the following are forms of primary legislation:
1. Public acts
2. Remedial orders
3, Private acts
4. Commencement orders
Public acts and private acts
Which one is not a stage in the progress of a bill proceeding through parliament?
1. Committee reading
2. First reading
3. Report stage
4. Second reading
Committee reading
What does it mean if someone is acting ultra vires?
Outside of their powers
Who is the most senior law maker in the UK?
By virtue of the constitutional law doctrine of the supremacy of parliament, parliament is the supreme (most senior) law maker within the UK
True or false, parliament can overrule case law?
True
True or false, parliament can repeal statues made by the previous parliament?
True
True or false, the treasury is a primary legislature that makes regulations?
False, it is a secondary legislature that makes regulations
True or false, the privy council is a secondary legislature that creates statutory orders in council?
True
What is the finance bill?
Annual piece of legislation that introduces new tax provisions and makes changes to existing ones
True or false, some tax changes in a finance bill make take immediate effect?
True
True or false, parliament comprises the house of commons, the supreme court and the house of lords?
False
True or false, consultations into tax matters and their outcomes are published on HMRC’s website as green, white and position papers
True
What is a legislature?
A body entitled to make laws, in the UK as a whole - this is the UK parliament
Before the UK left the EU, what did EU legislation form?
UK legislation
True or false, the two main types of secondary legislation used by the EU are regulations and commission decisions?
False
