Week 2: Legislative process & Statutory Interpretation Flashcards
What is Parliamentary Sovereignty?
The principle that Parliament is the supreme legal authority in the UK, with the power to create, amend, or repeal any law, and no other body can override its decisions.
What is the Separation of Powers?
The division of government responsibilities into three branches—executive, legislative, and judiciary—to prevent the concentration of power and provide checks and balances.
What is the Two-House System in the UK Parliament?
The UK Parliament consists of two houses: the House of Commons (elected members) and the House of Lords (appointed members), both of which review and debate proposed legislation.
What are the Types of Bills in the UK Parliament?
Bills can be public bills (apply to the whole country), private bills (affect specific groups or areas), private members’ bills (introduced by MPs or Lords not in the government), and hybrid bills (a mix of public and private impacts).
What is the King’s Speech?
An annual speech delivered by the monarch at the State Opening of Parliament, outlining the government’s legislative agenda for the upcoming parliamentary session.
What are Command Papers?
Documents issued by the government to present policy proposals, reports, or other information to Parliament, often used to inform or support the legislative process.
What are the Key Stages of the Legislative Process in Parliament?
1) First Reading (introduction of the bill), 2) Second Reading (general debate), 3) Committee Stage (detailed examination), 4) Report Stage (further review), 5) Third Reading (final vote), 6) House of Lords review, and 7) Royal Assent to become law.
What are the Parliament Acts?
The Parliament Acts of 1911 and 1949 limit the House of Lords’ power to delay bills, allowing the House of Commons to pass legislation without Lords’ approval if certain conditions are met.
What is Secondary Legislation?
Also known as delegated legislation, it allows government ministers or other bodies to create detailed rules or regulations under powers granted by an Act of Parliament, enabling faster updates without passing a new Act.
What is the Literal Rule?
A rule where judges interpret words in a statute based on their plain, ordinary meaning, even if this leads to an outcome that may seem unreasonable.
What is the Golden Rule?
A modification of the literal rule, allowing judges to avoid an absurd result by adjusting the literal interpretation to better fit the statute’s purpose.
What is the Mischief Rule?
A rule where judges interpret the statute with the goal of addressing the “mischief” or problem that the legislation intended to resolve, focusing on legislative intent.
What is the Purposive Approach?
An interpretative approach where judges consider the broader purpose and intention behind the statute, commonly used in European and human rights contexts.
What are Intrinsic Aids?
Aids found within the statute itself, such as the preamble, titles, headings, and definitions sections help clarify the legislative intent.
What are Extrinsic Aids?
External sources used to interpret a statute, such as previous case law, dictionaries, historical context, and Hansard (the official report of parliamentary debates).
