Legislative Process Flashcards
Legislative Procedure
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types of bills (4)
- public bills = apply to the public in general
- private bills = apply to only named individuals or organisations
- hybrid = affect the general public but also have a significant impact for specific individuals or groups
private members bill = public bills introduced by individual mps
Delegated Legislation
- The ‘parent’ or ‘enabling’ act will stipulate the parliamentary procedure to be followed, but the following are the most commonly used procedures:
▪ affirmative resolution procedure: the instrument either cannot come into effect, or ceases to have effect, unless one or both houses passes a resolution approving the instrument
▪ negative resolution procedure: the government is required to ‘annul’ the instrument if either house passes a resolution rejecting the instrument within a specified period (usually 40 days) after it is ‘laid before parliament’
commencement orders:
are a statutory instrument that brings into force all or part of an act of parliament at a date later than the date the act was passed
sewel convention:
westminster will not normally legislate on devolved matters in scotland, wales and northern ireland without the consent of the scottish Parliament, the welsh Assembly or the northern ireland assembly
statute of westminster 1931:
was a british law clarifying the powers of canada’s parliament and those of the other commonwealth dominions. it granted these former colonies full legal freedom except in those areas where they chose to remain subordinate to britain
‘english votes for english laws’:
scottish and other uk nations’ mps cannot vote on law that only affect the england
in practical terms parliament’s functions may be summarised as:
- to provide the personnel of government
- to legitimise government actions
- to subject matters of public policy to scrutiny and influence.
parent/enabling act
instead, an enabling Act (also known as the parent Act or empowering Act) confers a power to make delegated legislation on a Government Minister or another person or body