Sources of English Law ( Legislation ) Flashcards
What are the 4 main sources of English law?
> Legislation.
Case law.
European law.
Custom.
What are the two categories of legislation?
> Primary legislation - Acts of parliament ( Statutes ).
> Secondary legislation - Made by bodies to whom the parliament has given law making powers.
What are the 3 parts of parliament?
> House of Commons.
House of Lords.
Monarch.
How many members are there in the House of Commons and how often are they voted in?
650 elected members, elected at least every 5 years.
How many members are there in the House of Lords?
About 700, made up of various people EG: 26 bishops of Church of England, retired judges etc…
What does parliamentary sovereignty mean?
It means that parliament is the supreme law making body in the UK, and all British courts are therefore bound to enforce laws that parliament makes.
What is the aim of an act of Parliament?
> Create new law. > Amend/Repeal existing law. > To consolidate the law. > To codify law. > Authorised taxation. > To give power to another body.
What is a ACT called before it becomes a law?
It is known as a ‘bill’.
What is the first stage of proposing a bill?
There will be a Green paper that sets out a range of legislative options and invites comments, then there will be a White paper that sets out the governments revised legislation.
What is the normal route for a bill to travel before it becomes law?
First goes to the House of Commons, then to House of Lords then to the Monarch. However sometimes is the other way round for less controversial bills.
What is a public bill?
A bill introduced by the majority government, so normally are passed.
What is a private members bill?
Bills introduced by minority party, rarely are passed because of lack of backing.
What are the 5 stages a bill goes through in both the House of Commons and House of Lords?
> First reading - Title of the bill read out.
Second reading - Bill is explained to the house, and then debated and voted on, a majority vote is required to continue to stage 3.
Committee stage - The Bill is discussed in a weighted committee, amendments are made, sometimes this stage does not happen so there would be no reporting stage either.
Report stage - The committee reports to house, another vote is taken.
Third reading - A final chance to make small changes and then vote as to whether or not the bill is passed.
What happens once a bill passes both house’s?
It will be sent to the monarch for royal assent, this is a formality as the monarch can’t say no.
When does a ACT come into commencement?
Not always on the day of assent, may be a specified date, or may specify that the date is to be confirmed. Sections of an ACT can come to commencement at different times.
