Legislation

Bills + intorducing AofP

Legislative process

3 types of DL

Need for DL

Advantages/ Disadvantages

Controls on DL - Parliamentary/Judicial

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  • Created on: 08-01-12 17:45

Introducing Act of Parliament

Majority of Acts introduced by government, when a proposed act has been drafted and published it is called a bill. Must be drafted to represent the Governments wishes.

3 Types of bills

Public bill - Proposed by the government. Introduced to deal with public policy that will affect the entire country. Childrens Act 2004

Private bill - Proposed by organisations or Local authorities. Private bills only affect individuals, businesses or groups. Edward Berry + Doris Ward (Marriage Enabling Act) 1980

Private Member bill - Proposed by Backbenchers. Introduced using 10 minute rule. Not many Private bills become law. Not enough time to promote and gain support of MP's. Abortion Act (1957) Hunting Act (2004)

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Pre Legislative Process

Producing green + white papers isn't compulsary.

Green Paper - Consultative document. Invites comments from interested parties relevant to the subject matter. No requirements for any suggestions and comments to be taken on board. Every Child Matters, green paper 2003

White paper - Statement of firm intent. No longer asks for sugesstions, informs people on the proposals being made. White paper may include some ammendments following on from the feedback on the green paper but is not necessary. Skeleton version of the bill which will eventually be proposed. A guide for the drafts man that puts the bill together. Children Act 2004

Sometimes you may get one paper and not the other or none at all. Not a requirement to be produced.

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Legislative Process

First Reading - Formal procedure, name and aims read out. No discussion takes place.

Second Reading - Main debate and vote on the whole bill, MP's debate main principles behind the bill. 

Committee stage - 16 - 50 Mp's (standing committee) with speacial interest or knowledge of the subject of the bill review the bill clause by clause.

Report Stage - Committee report back to the House of Commons on the ammendments made at the committee stage Ammendments will be debated and accepted or rejected .

Third Reading - Final vote on the bill. Only be a further debate if at least 6 MPs request it. Sometimes Ammendments made at this stage by House of Lords.

Royal Assent - Monarch formally gives approval to the bill, it then becomes an Act of Parliament.

Parliaments Act 1911 + 1949

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Delegated Legislation

Orders in Council - Drafted by the government approved by the privy council. Common in times of; war; national emergencies; foreign affairs; (The terrorism order 2001), (Afghanistan Act 2001); give effect to EU directives; disolving parliament before elections; transeferring power between government departments. (Scotland Act 1998).

Statutory instrument - Most common form of DL. Rules and regulations made by gov ministers + their departments. Ministers + gov departments are given authority to make regulations for areas under their responsibility. Statutory Instruments used to update, amend + add additional detail to existing legislation.  Smoke Free Regulations 2006. National Minimum Wage Act 1998. 

Bylaws - Local authorities + public bodies under local gov act 1972. Local councils - regualte in their own georgraphical area. Public bodies regulate public behaviour on their premises.

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Need for delegated legislation

Need for D.L -

Saves parliaments time - Parliament got other things to do

Saves time - Acts of Parliament take time to pass.

Legislative process too slow - not suitable in times of emergency.

When parliament are not sitting

Parliament don't have the speacialist/local/technical knowledge - Government ministers have speacialist knowledge in their department

Difficult to ammend acts of Parliament - DL - ammendments can be made easily and quickly

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Advantages + Disadvantages of DL

Advantages -Allows for consultation - Important for rules on technical matters

Expert knowledge - Gov Ministers + local councils have better knowledege in their specialist area to create effective legislation

Saves Parliaments time - Frees Parliament to deal with other issue

DL is democratic - allows locally elected bodies to participate in the law making process

Disadvantages - Undemocratic - allows public authorities such as BTA to legislate though they aren't elected

Risk of Sub delegation - to someone other than to whom power has been delegated to

Lack of effective controls on DL - NRP - regulations unchecked, Referals often ignored.

Obsecure wording

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Controls on DL - Parliamentary

Enabling Act - sets limits on the powers given to bodies to pass DL. Lays out framework before DL has been drafted. Sets boundaries on law by specifying topic to be legislated on - procedures to be followed + whom authority is being delegated to. People with Knowledge make the law. Only form of control which takes place before SI is made, wouldnt need to check it at the end if its specific enough to start with

Scrutiny Committee - Considers whether provisions of a bill give inappropriate law making powers to other bodies - laws are properly written; no one has gone beyond boundaries laid in the enabling act; not retrospective + doesn't impose any laws. No power to ammend, has to report back findings, impossible to review all - most referrals ignored.

Positive resolution procedure - Voted by 1 or both houses of parliament. Parliament can either acceot reject or annul the statutory instrument, however no ammendments can be made - ALL MPs look at it. Takes up parliamentary time

Negative resolution procedure - Statutory instrument  laid before parliament. If Mp doesnt raise a prayer then the SI becomes law automatically within 40 days. If prayer is raised then debate and vote take place. Could come into force automatically. Too many laws come into  =existence without anyone reviewing them - undemocratic

Advantage Disadvantage

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Judicial Control

DL can be challenged in court if gone beyond powers set in the Enabling Act

court decides DL is lawful/unlawful

Judicial review takes place in high court

If court finds DL 'ultra vires' then judge declares it void (got rid of)

Substantive ultra vires -  gone beyond powers set in the enabling act. R v Home Secretary, ex parte fire Brigades Union (1995)

Procedural ultra vires - not followed procedure set in the enabling act. Aylesbury Mushroom case (1972)

Wednesbury unreasonableness - DL is too unreasonable to follow. Strickland v Hayes

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