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Wrapped: Legal Systems > LS6: Legislative power > Flashcards

LS6: Legislative power Flashcards

1
Q

What does bicameral mean?

A

It refers to the legislature with two chambers (House of Commons and House of Lords)

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2
Q

Why is it important to have two houses of Parliament?

A

Having two chambers reduces the power held by each and acts as a constitutional safeguard, provide checks on each other.

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3
Q

What are the 3 main consitutional functions for the House of Commons?

A
  1. Making laws
  2. Authorising national expenditure and taxation.
  3. Criticism of government policy, scrutiny of executive and resolving grievances of individual voters.
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4
Q

How many MPs make up the House of Commons?

A

650, each elected to serve a constitutency.

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5
Q

What is the ‘first past the post’ system?

A

Whichever candidate has the highest number of votes in each constituency becomes its MP.

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6
Q

How often is there a general election?

A

Every 5 years unless two-thirds of the MPs vote in favour of an earlier date.

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7
Q

What is a by-election?

A

Election in a single constituency to replace a deceased or retired MP.

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8
Q

Who can and cannot vote in general elections?

A

Must be:
Over 18
British citizen or citizen of Republic of Ireland
Not subject to legal disqualification.

Legal disqualification:

  1. Aliens (not legal citizens of UK)
  2. Minors (under 18)
  3. Peers (HoL members)
  4. Convicted criminals detained in mental health hospitals
  5. Convicted criminals serving sentences in prison
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9
Q

What is the Erskine May?

A

The authoritative guide to parliamentary procedure is Sir Thomas Erskine May’s A Treatise upon the Law, Privileges, Proceedings and Usage of Parliament. May was clerk of the House of Commons between 1871 and 1886. His guide is regularly updated and is currently known as Erskine May.

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10
Q

What is a Speaker?

A

MP who is not affiliated to a political party and acts as impartial chair of debate. Doesn’t vote unless a casting vote in a House which is equal.

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11
Q

What is the Leader of the House?

A

Senior Cabinet member, arranges order of business in the House (after negotiation with the Opposition).

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12
Q

What is the Journal of the House?

A

The formal record of workings in the House. i.e. what laws were pased

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13
Q

What is the Hansard?

A

Daily word-for-word record of all that is said and done in the House, published by the Stationery Office.

Not the Journal of the House, which only says which laws are passed.

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14
Q

What is the role of the Opposition?

A

To criticise the activities of the govt, moderate influence of controlling party and to present policies with a view to providing an alternative govt.

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15
Q

What is the role of the Whips?

A

Party control within the House sits with the Whips, who are MPs selected by the party leadership, ensuring MPs vote in accordance with party policy. The Chief Whip also receives an official salary.

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16
Q

What are the 2 main consitutional functions for the House of Lords?

A
  1. Making and approving laws (HoL only initiate non-controversial laws)
  2. Criticism of government policy, scrutiny of executive
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17
Q

How many members does the House of Lords have and what are the groups?

A

800.

1) Life peers (majority, appointed by Monarch)
2) Hereditary peers (inherited Earl or Baron titles)
3) Lords Spiritual (Bishops, as well as women bishops)

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18
Q

What are crossbenchers?

A

Not aligned with any political party.

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19
Q

What is the Salisbury Convention?

A

HoL will not oppose legislation which formed part of the governing party’s manifesto at general election. (It would be wrong for unelected group to interfere with manifesto elected government had).

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20
Q

Who writes the King’s speech at the opening of Parliament?

A

The government, not the King.

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21
Q

What must the Monarch give each piece of legislation when it has passed through the HoC and HoL?

A

Royal Assent to all Acts of Parliament.

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22
Q

What is a green paper?

A

A green paper: made available to general public and individuals and groups with particular expertise in the relevant area, usually through .gov. Feedback can be given by individuals and groups.

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23
Q

What is a white paper?

A

A white paper: sets out final version of government proposal after consultation. Sometimes there’ll be more consultation and the publication of a ‘Draft Bill’.

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24
Q

Are white and green papers required?

A

No, there is no requirement on the government to produce green/white papers before a Bill is formally presented to parliament and some Bills will skip these processes altogether.

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25
Q

In which ways might a Bill be classified by its subject matter?

A

1) Public Bill

2) Private Bill

3) Hybrid Bill

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26
Q

What are public, private and hybrid Bills?

A

1) A Public Bill affects the whole country. When such a Bill becomes law, it is described as a Public General Act.

2) A Private Bill affects a much more limited geographical area, such as a local authority area, or a limited group of people or an institution such as a university.

3) A Hybrid Bill shares the characteristics of both a Public Bill and a Private Bill. Although it applies generally across the country, it particularly affects certain individuals and locations.

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27
Q

In which way might a Bill be classified by its originator (proposer)?

A

1) A Government Bill

2) A Private Member’s Bill

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28
Q

What are Government Bills and Private Member’s Bills?

A

1) A Government Bill is introduced by a government minister and will be announced in the Queen’s Speech at the beginning of the parliamentary year. Most Government Bills will be approved by Parliament.

2) A Private Member’s Bill is introduced by an MP who is not a government minister. Such Bills must not involve any public expenditure. A limited number of MPs are given the opportunity to introduce a Private Member’s Bill following a ballot. Most Private Member’s Bills are unsuccessful and do not become Acts.

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29
Q

Why do some Bills start in the Hoc and others in the HoL?

A

The Government Whips are anxious to get through as many Bills as possible within the parliamentary year. They allocate different Bills to start in the HoC and then in the HoL, spreading the workload evenly between the two houses.

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30
Q

What is the significance of a Speaker’s certificate?

A

As part of devolution there are additional stages under which English MPs or English and Welsh MPs only review the words and, crucially, have the power to vote against the an English or Welsh-only Bill. Changes are referred to by the government as English Votes for English Laws (EVEL).

The Speaker has power to issues at several different stages of the HoC to process a ‘Speaker’s certificate’ stating that the Bill (or part of it):

  • Covers only England or only England and Wales; and
  • That the subject-matter of the Bill is an area of law which has been devolved to Scotland (or Scotland, Wales and Northern Ireland).
31
Q

What are the stages of passing a Bill through the House of Commons?

A

First reading
(Speaker’s certificated may be issued)
Second reading
Committee stage
Report stage
(Speaker’s certificated may be issued)
- Legislative Grand Committee
- Reconsideration stage
- (Speaker’s certificated may be issued)
- Consequential consideration stage
Third reading

32
Q

What are the stages of passing a Bill through the House of Lords?

A

First reading
(Speaker’s certificated may be issued)
Second reading
Committee stage
Report stage
Third reading

(There are no separate procedures in the HoL for examining England-only and England and Wales-only Bills)

33
Q

What is ‘ping-ponging’ when considering a Bill?

A

Once the Bill has passed all stages in both Houses, it is returned to the first House to consider the amendments made by the second House.

If the first House does not approved the amendments, the Bill will be returned to the second House.

A Bill may go through this process many times, which is called ‘ping-pong’ until wording is agreed by both Houses.

34
Q

Can a Monarch withhold Royal Assent?

A

No, there would be political consequences.

35
Q

What type of Bills can HoL not block thanks to the Parliament Act 1911/1949?

A

1) A ‘Money Bill’ - typically a Finance Bill giving effect to budget can be passed by HoC one month after HoL failed to approve it.

2) Any other Bill can be passed with the approval of the HoC alone if it has been through all stages in the HoC in two successive parliamentary sessions, provided that at least one year has passed since the Bill had its second reading approved for the first time.

The only important exception to this rule would be a Bill that tried to extend the life of a Parliament to more than five years.

36
Q

Why was the Hunting Act 2004 important?

A

HoL was heavily involved in hunting and rejected the Bill twice and the Parliament Acts allowed it through.

37
Q

What does the year depend on at the end of the Act?

A

The year in which the Act received Royal Assent.

38
Q

When is the commencement of an Act?

A

When the Act ‘comes into force’. This can be on the date of Royal Assent, or delayed by months to prepare the secondary legislation around the law.

39
Q

When creating secondary legislation, what is the original Act referred to as?

A

The Enabling Act or the Parent Act.

40
Q

What are statutory instruments?

A

A type of delegated legislation, there are different types, including rules, regulations and orders.

41
Q

What are Orders in Council?

A

Orders in Council are passed by the monarch and the group of senior ministers called the Privy Council.

42
Q

What are Bye-laws?

A

Created by local authorities to regulate particular local activities, e.g. Council dealing with acupuncture, tattooing.

These are usually confirmed by a government minister.

43
Q

If someone is charged under a statutory instrument which hasn’t yet been published, can they use that as a defence?

A

Yes, statutory instruments must be printed and put on sale as soon as possible after they’re made.

44
Q

In an Enabling Act, what are the requirements around what the minister/body must do before it is able to be made law?

A

Most enabling Acts state that the statutory instruments must be ‘laid before Parliament’ by the minister/body who created it.

The enabling Act will state whether the affirmative procedure or the negative procedure should apply.

45
Q

When passing statutory instruments, what does affirmative and negative procedures mean?

A

The enabling Act may states that the affirmative procedure should apply.
○ This requires both Houses of Parliament to vote in favour of the SI before it becomes law.
○ No amendments are permitted, if there are votes against, it will fail.

More often, enabling acts state that the negative procedure should apply.
○ Here, if there’s no resolution against the statutory instrument passed by either House within a set period, it will become law.

46
Q

What happens if the Speaker issues a Speaker’s certificate in respect of a statutory instrument?

A

The statutory instrument will apply only to either England or England and Wales.

A double majority of English-only MPs or English and Welsh-only MPs and all MPs will be required to approve the statutory instrument.

47
Q

What are the two Parliamentary committees for Statutory Instruments and Secondary Legislation?

A

The Joint Committee on Statutory Instruments: membership drawn from the House of Commons and the House of Lords and will examine statutory instruments laid before Parliament.
○ Its focus is on drafting defects rather than the merits (or otherwise) of the statutory instrument.

The House of Lords Secondary Legislation Scrutiny Committee will consider the policy implications (merits) of statutory instruments laid before Parliament.
- It will draw particular statutory instruments to the special attention of Parliament.

48
Q

Can judges rule on secondary legislation?

A

Yes, unlike primary legislation, secondary legislation can be scrutinised via judicial review.

49
Q

What can secondary legislation be challenged for under judicial review?

A

Ultra vires (illegal, the Parent Act does not give it the powers)

Procedural requirements

Incompatible with the ECHR - courts will quash any secondary legislation, making it simply not valid law.

50
Q

Who controls the expenditure of money?

A

The Treasury, headed by Chancellor of the Exchequer.

51
Q

Who are taxes collected by?

A

HM Revenue & Customs

52
Q

What piece of legislation has to authorise taxation?

A

An Act of Parliament (before 1913, Parliament used to approve budget tax increases by a mere resolution).

53
Q

Who makes the budget speech and where?

A

The Chancellor of the Exchequer in the House of Commons.

54
Q

What is the budget speech accompanied by?

A

A white paper, containing a financial statement and commentary on the budget itself.

55
Q

How does the Finance Bill get through Parliament?

A

The House of Lords role is purely formal.

The House of Commons alone introduces and oversees the Finance Bill. The government majority ensures the Bill is approved

56
Q

What is expenditure formally approved by?

A

An annual Appropriation Act.

57
Q

What kind of things are authorised through Consolidated Fund Services?

A

Central government spending, including judges’ salaries, civil list (e.g. Allowances for the Royal Family).

58
Q

When does the debate on Supply Services take place?

A

Debate on Supply Services (items of expenditure for which annual authority is needed) takes place on Estimates Days.

59
Q

Which committee examines the expenditure, administration and policy of the Treasury and HM Revenue & Customs?

A

The Treasury and Civil Service Committee.

60
Q

What is the Public Accounts Committee and what are its functions?

A

The Public Accounts Committee is a body of 15 MPs headed by an Opposition chairperson.
○ Function is to scrutinise public expenditure accounts laid before Parliament.
○ Seeks to ensure that parliamentary grants (the Estimates) have been applied to the objects which Parliament prescribed.
○ Can question depts and has wide investigative powers.
○ As well as ensuring money is spent on approved purposes, it also checks for efficiency and economy.

61
Q

What is the job of the Comptroller and Auditor General?

A

The Comptroller and Auditor General is an independent public officer who provides a financial and regular audit of the systems of accounting and financial control.
○ They highlight inefficiency in the economy and provide an effectiveness audit (National Audit Act 1983).
○ They are the head of the National Audit Office.
- Together with the Public Accounts Committee, the comptroller and their staff form a powerful investigative unit. However, this is long after the money has been spent!

62
Q

Who is the Head of the National Audit Office?

A

The Comptroller and Auditor General.

63
Q

What are select committees?

A

The House of Commons have the power to set up independent select committees, in order to shadow and/or scrutinise and report on specific issues relating to the major Departments of State.

They contain up to 15 members and the composition reflects the relative strength of the political parties in the HoC.

64
Q

What powers do select committees have?

A

Select committees can call for evidence and question individuals, ministers and civil servants, but do not have the power to compel civil servants and minsters to give evidence or provide docs.

They can compel ordinary citizens to attend and produce papers and records. To refuse would be a contempt of the house.

65
Q

Who do select committees report back to?

A

The House. who makes a decision on whether to act or not.

E.g. Culture, Media and Sport committee led the 2011 News of the World investigation.

66
Q

Can the HoL have select committees?

A

Yes, but none shadow departments like the HoC’s committees do.

67
Q

What are joint committees?

A

Joint committees are committees with members from both the House of Commons and the House of Lords.
- They have similar powers to other select committees.
- Some are set up on a permanent basis and some are temporary.

The permanent committees include the Joint Committee on Statutory Instruments and the Joint Committee on Human Rights.

68
Q

In Parliamentary questions, how many questions can MPs ask a day and how would they submit them?

A

MPs can only ask two questions requiring an oral answer per day. They can ask oral and written questions.

69
Q

When is Prime Minister’s Question Time?

A

Wednesday afternoon for 30 minutes.

70
Q

How many Estimates Days are allocated to debate the government’s spending estimates?

A

3 Estimates Days

71
Q

How many Opposition Days are allocated to debate matters of policy and administration of their choice?

A

20 Opposition Days

72
Q

What is an Adjournment Debate?

A

When someone brings up a topic for debate when the House is about to adjourn for the night (i.e. for the last 30 minutes of the sitting).

73
Q

Who controls the order in debate?

A

The Speaker of the House.

74
Q

What are the three devices for limiting time in debate and what must be done to make them happen?

A

There are three devices for limiting time in debate. Although they are proposed by an MP, a majority is required. A government can therefore use them to cut short debate. The devices are as follows:
○ closure – an MP moves during debate that “the question be now put”. It is then up to the Speaker to decide. If it is accepted, a decision is taken immediately;
○ guillotine – this is a motion by an MP that debate on a particular issue be limited to a specified time, and this must be put prior to the debate; and
kangaroo – this procedure applies only to the committee and report stages of a Bill. Under it, the Speaker or chairperson has power to select which amendments or new clauses will be discussed. The other amendments must be voted upon without discussion, thus saving the need to go through the whole Bill clause by clause.

Wrapped: Legal Systems (11 decks)

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