legislative process

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  • Created by: _marxlee
  • Created on: 12-01-18 11:42
what is soft law?
rules of procedure- way of applying the law
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what is the great repeal bill?
currently being read in parliament- comes into force- repeal and replace and EU legislation in place
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what is a statute book?
different acts and legislation in chapters
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what is statute law?
acts of parliament- law which comes out of parliament has the greater authority- discuss and debate terms of legislation.
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what are public bills?
introduced by government as part of its programme of legislation. Government departments, advisory committees, political reaction to unforeseen events e.g. great repeal bill. Resulting in public general acts
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what are private bills?
introduced for the benefit of particular individuals, groups of people, institutions, and locality e.g. Haberdashers Akers Charity Act 2016
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what are hybrid bills?
combines both public and private nature of a bill- ‘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’- of national importance, located in a local area
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what happens at the white paper?
sets out government proposals on topics of current concern-signify the government’s intention to enact new legislation-may set up a consultative process to consider the finer details of the proposal
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what happens at green paper?
introductory higher level government reports on a particular area put forward as tentative proposals for discussion without any guarantee of legislative action or consideration of the legislative detail.
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what happens at first reading
a formality- title of the bill is read out by the clerk of the house of lords- date is fixated for the second reading
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second reading
involves the main debate on the principles of the bill. Debate-usually opened by minister responsible for the bill and closed by a junior minister. A vote is taken on the bill as a whole at the end of the reading.
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standing committee
examines the provision of the bill in detail and votes on whether each clause, stands part of the bill- amendments may be made in standing committee- these amendments=voted upon- Bill moves to the report stage.
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how are members of the committee stage chosen?
selection by virtue of their particular expertise or interest in the subject matter of the bill and to ensure that the party political composition of the committee is representative of the overall party political composition of the house of commons
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report stage
further amendments may be proposed and introduced-often an attempt to undo the changes made in committee- may take 2 or 3 days
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third reading
unusual for any further amendments to be made at this stage- does not have to involve any debate at all.
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house of lords procedure
mirrors that in house of commons- end of the third reading there is a formal motion that this bill do now pass- returned back to house of commons with lords amendments which must be considered in the commonsl
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royal assent
required before any bill becomes a law- not been refused since 1707-reason why queen cant turn down her royal assent= we have parliamentary sovereignty
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codified?
written in one document, us, france
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uncodified
written in different sources such as statutes, e.g. UK, Israel, New Zealand
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what did albert venn dicey suggest?
Parliament sovereignty goes back in history- parliament can make or unmake any law it chooses
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what happened prior to 1688/89
had an absolute monarchy-lot of people were upset with-abusing their power. They could make or unmake any law without everyone else’s agreement.
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what was the glorious revolution and when did it occur?
1688- we rebelled- installed parliament being supreme- ensuring the voices of the people were put as a priority as apposed to the monarch.
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what was the bill of rights 1689?
parliament became supreme
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can a court strike down a primary piece of legislation?
Parliamentary sovereignty- no court can strike down a statute as void or invalid- cannot question the validity of an act of parliament
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in order to have a government in power who is the winning party of an election you must ....
have the majority in parliament
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why can the government pass things as they wish when they come into power?
because they have the majority
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true or false parliament consents to legislation on behalf of people
true
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why might people bring forward a bill?
interest groups, manifesto pledge, governments and civil service
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what is delegated legislation?
secondary legislation- procedure, instructions on how the main primary legislation is supposed to work- can be quashed
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what are statutory instruments?
more specific- do not have to be discussed and agreed upon in parliament- not being scrutinized by parliament – can be quashed
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what is the 1911/1949 procedure?
hasn’t gone through house of lords question whether or not it can be looked at for validity as the house of lords hasn’t checked it.
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what are by laws?
created by local councils- more specific to local area
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what is the rulers committes?
civil, criminal and family- more secondary delegated orders in council- came out of a privy council- relate to common wealth
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what is an advantage of delegated legislation?
can make things a lot quicker
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what is a disadvantage of delegated legislation?
not having the full checking process that primary acts have
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what is the first element of a Uk act of parliament?
Short title, chapter number, and arrangement of sections
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what happens here?
head of the statute- year of enactment- the official title- chapter number and year of enactment- the citation-arrangement of sections, contents
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what is the second element?
Long title and preamble
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what happens here
much older usage- may be long or short-indicates subject matter- an aid to interpretation- preamble precedes the long title and outlines the reasons for it
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what is the third element?
Enacting formula
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what happens here?
immediately before the substantive provisions-validates, records enactment, several forms
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what is the fourth element?
Sections, subsections, paragraphs, sub-paragraphs
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what happens here?
sections-basic building blocks of an act, numbered sequentially- correctness of drafting, rather than comprehensibility, logical structure-numbers, letters and indentation-allows for precise identification of provisions- headings- used within the tex
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what is the fifth element?
marginal notes
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what happens here?
seen less in recent legislation- seen on the side of older legislation- notes- guidance on how to interpret
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what is the sixth element?
interpretation sections
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what is the seventh element-
repeals and ammendments?
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what happens here?
continue in force unless repealed or amended exceptions- where there is a terminal date specified UK acts commonly repeal or amend earlier acts. Parliament supremacy allow parliament to make or unmake any law- indirect repealing new legislation
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what is the eighth element?
transnational provisions
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what is the ninth element?
commencement provisions
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what happens here?
on date of royal assent unless specified otherwise0 often in a commencement section at the end- sections brought into force on different days
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what is the last element?
Short title provision, extent provisions, schedules
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what happens here?
short title given by a provision at the end- no chapter number is given-not known until enactment- UK acts do not necessarily apply to the whole of the UK – extent provisions stipulate to which area they apply
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Card 2

Front

what is the great repeal bill?

Back

currently being read in parliament- comes into force- repeal and replace and EU legislation in place

Card 3

Front

what is a statute book?

Back

Preview of the front of card 3

Card 4

Front

what is statute law?

Back

Preview of the front of card 4

Card 5

Front

what are public bills?

Back

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