Legislative Process Flashcards
Where does the Committee stage of a bill take place in the House of Commons?
The committee stage for the passage of bills in the House of Commons can take place in one of two committees: a Public Bill Committee or a Committee of the Whole House. Bills of ‘first-class constitutional importance’, a category to which a bill to abolish the monarchy would qualify, are debated in a Committee of the Whole House
What happens is the House of Commons votes against ratification of a treaty?
Ordinarily, the treaty is laid, with either House of Parliament having 21 days to vote against the treaty. If a House votes against ratifying and the government still wants the treaty ratified, it can explain to Parliament why, and then the House of Commons (only) has a further 21 days to vote against ratifying the treaty
How can an early election be held?
The default rule is that Parliament lasts for five years, after which it is dissolved and a general election is held. However, under the Fixed-term Parliaments Act 2011, a general election will be held at an earlier time if at least 66% of MPs vote in favour of holding the early election.
What are Orders in Council and how are they passed?
Orders in Council are a form of primary legislation if made under the royal prerogative. Other Orders in Council are made under powers granted to the Privy Council by statute, and they are secondary legislation
What can the Privy Council do under the Royal Prerogative?
Approve the texts of a royal charter, creating a new public institution like a university
How is a by-election triggered?
Under the Recall of MPs Act 2015, if an MP has been suspended for more than 10 days, this triggers a recall petition in the constituency of the MP. If more than 10% of the electorate in that constituency sign the petition, then a by-election is held.
What powers do the government have to fix deficiencies in retained EU law (e.g. where reference is made to obsolete institutions?
Obsolete references to the EU institutions in retained EU law are an example of a deficiency in retained EU law which gives rise to the power of the government to address the deficiency under the European Union (Withdrawal) Act 2018. However, the 2018 Act is clear that this power cannot be used to amend or repeal the Human Rights Act 1998
