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PHAR20200 > UK LEGISLATIVE SYSTEM > Flashcards

UK LEGISLATIVE SYSTEM Flashcards

1
Q

What four countries are part of the United Kingdom?

A

England

Scotland

Wales

Northern Ireland

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2
Q

What three countries are part of Great Britain?

A

Scotland

Wales

England

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3
Q

Rank the four UK governing bodies in order of power.

A
  1. UK parliament
  2. Scottish Parliament
  3. National Assembly for Wales
  4. Northern Ireland Assembly
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4
Q

What is devolve government?

A

Grants decision-making powers from the Parliament of the United Kingdom to lower ranking UK governing bodies.

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5
Q

Name the two types of law?

A
  1. Criminal Law
  2. Civil Law
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6
Q

What is criminal/ penal law?

A

Bodies of rules with the potential for severe impositions as punishment for failure to comply

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7
Q

What is civil law?

A

Relationships between individuals and relates to the conduct of human relationships

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8
Q

Describe what criminal law deals with?

A

Relationship between an individual and the state and relates to the regulation of human behaviour

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9
Q

Criminal cases involve what action?

A

An action that is considered to be harmful to society as a whole

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10
Q

Civil disputes occur between who?

A

Usually private disputes between persons or organisations

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11
Q

Is a dispensing error classed as civil or criminal law?

A

Criminal

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12
Q

Do pharmacists need insurance? If so, what kind?

A

Yes. Professional indemnity insurance, which is now a requirement by GPhC

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13
Q

How is UK law organised?

A

Primary Legislation

Secondary Legislation

Judicial Precedent - “case law”

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14
Q

Describe what a primary legislation is?

A

An act of parliament, laying down general principles.

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15
Q

Name three examples of primary legislation?

A
  1. Medicines Act 1968
  2. Misuse of Drugs Act 1971
  3. Poisons Act 1972
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16
Q

What is the formal procedure for passing legislation (enactment)? (6)

A
  1. Green paper for discussion (sometimes)
  2. White paper to show intent
  3. Set proposals and invite comments from interested parties
  4. Bill to propose introduction of new legislation
  5. Debate in both Houses of Lords and Commons
  6. Royal assent received - PASSED
17
Q

Who can create a bill? (proposal to introduce new legislation) (2)

A
  1. Government bills (most)
  2. Private member’s bill (individual MP)
18
Q

Once an Act has passed, can it be altered?

A

No - can only be altered by a further Act

19
Q

What is secondary legislation?

A

An act delegating power to other bodies in order to make detailed rules (usually in the form of statutory instruments)

20
Q

What are statutory instruments and how can it be initiated (2)?

A
  • Regulations/orders that refer back to an act
  • It’s initiated by a government minister under powers of an act
21
Q

Can a statutory instrument amend a previous SI?

A

Yes

22
Q

When does an SI become law?

A

After ‘laying on table’ in Parliament for 3 days

23
Q

Both an Act and SI form the statutory law. True or false?

A

True

24
Q

What is a Schedule in legislation?

A

Goes into further detail, like an appendix

25
Q

What is judicial precedent also known as (3)?

A
  1. Case law
  2. Common law
  3. Judge-made law
26
Q

What is judicial precedent?

A

Statement of the legal position in a particular case/situation based on decisions of previous courts in similar situations.

27
Q

When does a judge intervene and make laws?

A
  1. If there is no legislation on a particular issue
  2. Where there is legislation but its meaning is unclear
28
Q

Who can implement EU law?

A
  • European Commission - EU Council - European Parliament - European Court of Justice
29
Q

What is the European Commission?

A

Initiates most European law

30
Q

What is the Council of the EU?

A

Makes ultimate decisions on European law

31
Q

What is the European Parliament?

A

Directly elected chamber

32
Q

What does a decision by the European Court of Justice mean?

A

Decisions by them must be accepted by courts in all member states and there is no right of appeal

33
Q

What does EU law consist of (4)?

A
  1. Treaties
  2. Regulations
  3. Directives
  4. Decisions
34
Q

What are primary legislation in European Union Law and what do they mean?

A

Treaties, which established the original communities

35
Q

What are secondary legislation in European Union Law (4)?

A
  1. Regulations
  2. Directives
  3. Decisions
36
Q

What does regulations in European Union Law mean (2) ?

A
  1. They have a direct effect
  2. Binding on all member states and individuals
37
Q

What does directives in European Union Law mean (2)?

A
  1. Objectives that should be achieved are set out
  2. But implementation is decided by member states
38
Q

What does decisions in European Union Law mean (2)?

A
  1. Binding to whom they are addressed
  2. Decisions are often of administrative nature
39
Q

Can Pharmacists practise anywhere in the EU if registered?

A

Yes, they are recognised healthcare professionals with freedom of movement through the EU

PHAR20200 (15 decks)

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