Primary Legislation

Question 1

What did Feldman say about the legislative process?

Answer 1

Signifies complex series of events of identifying legal implications of a policy, drafting changes in a way lawyers/officials/laypeople can understand.

Question 2

Why did Dicey think that legislation accords with the wishes of the electorate?

Answer 2

Because society elects MPs

Question 3

Why is it untrue to say Parli legislates?

Answer 3

Gov has dominant role in legislative process - determines content and timing of legislation that is proposed to Parli.

Question 4

Three things that scrutiny of Bills may be concerned with?

Answer 4

Substantive, procedural or informational matters

Question 5

Three-fold

Examples of substantive matters?

Answer 5

Compliance with HR requirements, EU law and const principles;

Fit with the existing law;

Compliance with ‘better legislation’ standards.

Question 6

Procedural matters?

Answer 6

Consultation with relevant bodies and compliance with departmental and Cabinet processes.

Question 7

Four-fold

Examples of informational matters?

Answer 7

1. Gov’s explanations of the policy objectives of the Bill;
2. Gov’s views as to compatibility with the ECHR/other intl. instruments;
3. Regulatory and other impact assessments;
4. Gov’s justifications for any non-compliance with normal substantive, procedural or informational requirements.

Question 8

What changed in 2008 in terms of bringing AoP into force?

Answer 8

More coordinated approach with introduction of ‘common commencement dates’ twice a year.

Question 9

Facts of Fire Brigades Union?

Answer 9

Criminal Injuries Compensation Board operating on non-statutory basis since 1964.

Home Sec announced he wouldn’t be bringing into force sections in the Criminal Justice Act 1988 that set out statutory process the Criminal Injuries Compensation Board calculates it payments to victims of crime.

Instead the gov would instruct the Board to make payments according to a tariff system set by the Home Office – would reduce the amounts of compensation payable in many cases.

Question 10

Judgement in Fire Brigades Union?

Answer 10

Home Secretary’s decision was unlawful.

Although he was entitled to decide when to bring a section into force, he wasn’t able to declare he’d never do it and make rules contrary to the will of Parliament expressed in the Act.