PUBLIC LAW - Sources of Law - PRIMARY AND SECONDARY LEGISLATION Flashcards
What is legislation? (2)
Law made with the approval of Parliament and it is the 2nd major source of Law in England and Wales.
What is primary legislation known as and how does it become law? (2)
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.
How is secondary legislation created? (2)
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.
Which has more statutory force secondary legislation or primary? (1)
Neither.
What is statutory force? (1)
Legal authority.
Are there more primary acts of Parliaments or pieces of subordinate legislation? (1)
Delegated legislation.
What other names is secondary legislation know by? (3)
Subordinate legislation, delegated legislation, statutory instrument.
What must a bill require to become law once it has been passed through Parliament? (1)
Royal assent.
What is scrutinised more primary or secondary legislation? (1)
Secondary legislation is scrutinised but not to the same degree as primary.
What powers do the courts have in terms of secondary legislation? (1)
They may accept or reject it under the powers of the parent act but cannot amend it.
What are public acts? (3)
They relate to general public concern, they are debated in both houses and they involve lobbying.
What is lobbying? (2)
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.
What are private acts? (1)
They relate to a particular place/people e.g local authority seeking powers to build a bridge.
What is the promoter of a private act responsible for? (1)
To convince Parliament.
What is a bill? (1)
A draft piece of legislation at the beginning of primary legislation.