Primary and Secondary Flashcards
Courts will not accept any challenge to the validity of an act of parliament. However, the validity of all types of delegated legislation, may be questioned using a judicial review. Under what four grounds would a judicial review be carried out?
- Illegality
- Irrationality
- Procedural impropriety
- A breach of human rights
How may bills be introduced in Wales?
- The Welsh government
- Senedd committee
- An individual member
- The Senedd commission
Legislation which is passed by the Welsh government can only apply in Wales, whereas acts of Parliament…
… may apply in relation to both England and Wales, only in relation to England, or only in relation to Wales
What are the different types of Parliamentary bill?
- Public bill
- Private members bill
- Private bill
- Hybrid bill
- Money bill
What are the four stages a bill passes through before it becomes an act of Welsh government?
- The Senedd considers and agrees the general principles
- A committee scrutinises the bill and proposes any amendments to it
- The Senedd scrutinises the bill and proposes any amendments to it
- The Senedd votes to pass the final text of the bill
What are the three versions of affirmative resolution procedure?
- Legislation is laid in draft, and the draft must be approved by resolution of both houses before it becomes law
- The legislation is law, but cannot come into force until it is approved by resolution of both houses
- The legislation is law and comes into force immediately, but lapses, unless it is approved by resolution of both houses within 28 or 40 days
It only needs approval from the Commons if it’s relating to financial matters
What are the two versions of negative resolution procedure?
- The legislation is law when made but a resolution of either house within 40 days may annul it
- The legislation is laid in draft, but a resolution of either house within 40 days will prevent it becoming law
What different procedures are there to make delegated legislation law?
- Laying before Parliament
- Negative resolution procedure
- Affirmative resolution procedure
What happens if a bill only affects the law in England or England and Wales?
- The speaker of the House of Commons will certify that the bill only affects English law or English and Welsh law
- Then a grand committee consisting only of MPs representing English constituencies or English and Welsh constituencies will consider the bill
What happens if the parent act is later repealed?
The secondary legislation made under it will cease to have effect
What is a fast track procedure?
When the house votes for bills to go through all the stages very quickly because there is an emergency
What is a Henry VIII clause?
Gives a minister the power to change an act of parliament, using delegated legislation
What is a money bill?
A bill that contains only financial measures, and the House of Lords doesn’t have to agree to it
What is a negative resolution procedure?
When the delegated legislation becomes law, unless parliament votes against it
What is a private members bill?
The public bill of general application, but introduced by an MP not the government
What is a Remedial Order?
It’s often seen with the human rights act when a court has made a declaration of incompatibility and part of an act of parliament must be changed to comply
What is affirmative resolution procedure?
When the houses of Parliament must approve the legislation
What is delegated or secondary legislation?
When an act of parliament grants lawmaking powers for specific purposes to other persons or bodies
What is laying before Parliament?
When the legislation is brought to the attention of MPs and is added the daily list of votes and proceedings.
What principle was laid down in HS2 Action Alliance v Secretary of State for Transport?
The courts cannot question the procedure used to pass an act of parliament. Only Parliament itself can decide if it is correct.
What principle was laid down in Public Law Project v Lord Chancellor 2016?
Courts can judicially review delegated legislation for defective procedure
What types of delegated legislation are there that are not statutory instruments?
- The provisional collection of taxes act allows a change of taxes in the budget to have statutory effect until the annual finance act can be passed
- Many public bodies have been given the power to make their own rules and regulations
- Local authorities have been granted the power to make bylaws for their area as long as they are for “good rule and government, and the suppression of nuisances”
What will a judicial review of delegated legislation entail?
The court will closely inspect the wording of the parent act, and decide whether the delegated legislation goes beyond what is permitted
When will a new act come into force?
The act will either state the date it comes into force or a government minister will issue an order stating when the act comes into force. It is common for different parts of an act to come into force at different times
Why can a Henry VIII clause be beneficial?
Because acts of Parliament that contain such clauses may provide greater powers for parliament to approve delegated legislation made under them
Why is Henry VIII clause controversial?
Because it allows the executive to make the law rather than the legislature
