Public Law 5 Flashcards
Who make primary legislation?
Acts of Parliament.
What is the word used to describe the legislative process?
Democratic (laws based on not arbitrary will but public debate &
deliberation).
How are government policies implemented?
Government policies are implemented through legislation – laws enable public bodies to implement government policies – without the legislation, public bodies do not have the legal power to act.
What is a Bill?
Proposed legislation (not yet in force).
What is an Act?
Enacted legislation (in force).
What are Public Bills?
Public bills are introduced by the government and are proposed laws that apply to the entire country or a significant portion of it.
What are Private Bills?
Only affect a particular group of people or a locality, rather than the general population.
What are Hybrid Bills?
They are introduced by the government and effect the general public but would also have a significant impact for specific individuals or groups (public + private bill).
Which branch of the Constitution dominates the legislative process?
The executive.
Although it is the legislative branch, almost always Parliament only debates, examines, and enacts legislation introduced by the Government.
How does a bill become a law (legislative process) part 1?
- First reading – formal introduction of Bill to Parliament & no debate
- Second reading – general debate in the main chamber on the Bill
- Committee stage – detailed scrutiny and debate on the provisions of the Bill in a Public Bill Committee in the House, and amendments may be made (where closest scrutiny takes place) – although governing political party may attempt to turn this stage into formality by appointing members who will not engage much
- Report stage – takes place in the main chamber where further amendments can be tabled, but such amendments will not be subject to much scrutiny as the Committee stage has already passed
- Third reading – short general debate on the whole of the Bill, and if approved, sent to the other House
How does a bill become a law (legislative process) part 2?
- Same process in the other House (usually Lords). If any amendments made by one House, these must be considered by the other House.
- Before a Bill can be sent to the King for Royal Assent, both Houses must agree on the final text of the Bill.
- If there is disagreement, the Bill keeps going back and forth between the Houses until an agreement is reached, and this is referred to as
‘ping-pong’. - If, in the end, no agreement is reached, the government can decide to use the Parliament Acts mechanism, whereby the House of
Commons bypasses Lords’ consent and sends the Bill to the King after the Lords’ delaying time has lapsed. - Final stage – Royal Assent (Bill becomes an Act of Parliament and can be enforced).
Does the legislative process always take several months?
If there is a pressing issue, legislation can be fast-tracked, e.g., the Coronavirus Act 2020 was enacted as fast-tracked legislation.
What is delegated legislation?
Law created by ministers (or other bodies) under powers given to them
by an Act of Parliament (primary legislation).
Why is there a need for delegated legislation?
Parliament cannot directly regulate every aspect of Government’s work – no time, no resources, no expertise – therefore, enacts enabling Act to delegate legislative powers to the executive branch.
What does delegated legislation do?
Fills in the details of Acts (primary legislation).
These details provide practical measures that enable the law to be enforced and operate in daily life.
