PUBLIC LAW - Sources of Law - PRIMARY AND SECONDARY LEGISLATION Flashcards

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1
Q

What is legislation? (2)

A

Law made with the approval of Parliament and it is the 2nd major source of Law in England and Wales.

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2
Q

What is primary legislation known as and how does it become law? (2)

A

It is known as ‘acts of parliament’ and is put before Parliament as bills and then debated and passed by both houses, it then receives ‘royal assent’ before becoming law.

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3
Q

How is secondary legislation created? (2)

A

It is created by ministers or someone other than Parliament under powers given to them by a parent act of Parliament/primary legislation - it may be put before Parliament depending on the requirements of primary legislation.

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4
Q

Which has more statutory force secondary legislation or primary? (1)

A

Neither.

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5
Q

What is statutory force? (1)

A

Legal authority.

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6
Q

Are there more primary acts of Parliaments or pieces of subordinate legislation? (1)

A

Delegated legislation.

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7
Q

What other names is secondary legislation know by? (3)

A

Subordinate legislation, delegated legislation, statutory instrument.

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8
Q

What must a bill require to become law once it has been passed through Parliament? (1)

A

Royal assent.

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9
Q

What is scrutinised more primary or secondary legislation? (1)

A

Secondary legislation is scrutinised but not to the same degree as primary.

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10
Q

What powers do the courts have in terms of secondary legislation? (1)

A

They may accept or reject it under the powers of the parent act but cannot amend it.

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11
Q

What are public acts? (3)

A

They relate to general public concern, they are debated in both houses and they involve lobbying.

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12
Q

What is lobbying? (2)

A

It is when an outsider persuades an MP to put their views up for debate and this makes up the largest part of parliamentary legislative output.

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13
Q

What are private acts? (1)

A

They relate to a particular place/people e.g local authority seeking powers to build a bridge.

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14
Q

What is the promoter of a private act responsible for? (1)

A

To convince Parliament.

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15
Q

What is a bill? (1)

A

A draft piece of legislation at the beginning of primary legislation.

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16
Q

What can public bills be divided into? (2)

A

They can be divided into government bills and private members’ bills.

17
Q

What is a government bill? (2)

A

It represents the policy of the government of the day and it is drafted by official parliamentary draftsman.

18
Q

What is a private members’ bill? (2)

A

It is promoted by a member of Parliament, they do not start life as official policy but may be supported by the government.

19
Q

What is each stage of the primary legislative process? (5)

A

First reading, second reading, committee stage, report stage and third reading.

20
Q

What happens at the first reading? (3)

A

It is a formality, the bill’s title is read out and a date is set for the second reading.

21
Q

What happens at the second reading? (1)

A

The main principles of the Bill are debated by MPs.

22
Q

What happens at the committee stage? (2)

A

The detail of the bill is scrutinised by a legislative committee and may be amended.

23
Q

What happens at the report stage? (2)

A

The proposed amendments are debated and there is a vote on the committee’s report.

24
Q

What happens at the third reading? (3)

A

There is a final debate and vote on the Bill. If passed, it goes on to the House of Lords.