statute law Flashcards
statute law
acts of parliament.
The highest form of law in the UK in the absence of a codified (written in one document) constitution.
SL: public bills
introduced by the government as part of its programme of legislation
SL: private bills
introduced for the benefit of particular individuals, groups, institutions, locality.
SL: hybrid bills
a public bill which affects a private interest in a different way to private interest of other bodies or persons in the same category or class.
SL: private members bills
non-government bills that are introduced by private members of parliament.
validity of statutes.
No court can strike down a statute as void pickin v British railways board [1974] HL. Jackson v Attorney General [2005] HL .
parliamentary sovereignty
Albert venn dicey (1835-1922): “Parliament can make or unmake any law it chooses”
importance of statute law
most significant source of law in practice
vast majority of government functions carried out on the basis of statutory powers.
delegated (secondary legislation)
statutory instruments.
by-laws.
rules committees. (civil, criminal and family)
orders in council (privy council)
ultra vires - authority can be questioned by the courts which means secondary legislation can be struck down whilst primary legislation cannot.
passage of a bill
Parliamentary stages - House of Commons.
Bill listed in queen’s speech
First reading - pure formality.
Second reading - debate on general principles and policy.
Committee stage - detailed consideration clause by clause.
Report and third reading
Joint committee on human rights.
Royal assent.
Parliamentary stages - House of Lords.
Similar stages to house of commons.
Key role of lords as revising chamber - only occasionally reject bills.
Limited powers of lords - power of delay only under parliament act 1949.
