Chapter 2 - The Creation of Law Flashcards
UK constitution elements
The legislature (Parliament) The executive (Government) The Judiciary (Judges)
Judicial review
Judges have the power to review decisions of the government ministers and other decision makers to check that they have acted within their legal powers
Parliamentary sovereignty
A principle of UK constitution which makes Parliament the supreme legal authority in the UK, with power to create or end any Law.
***
The doctrine of parliamentary sovereignty states that no Parliament may pass a law
which will bind subsequent parliaments.
Parliament
The legislature of the UK –> key function to make laws.
Houses in Parliament
House of Lords
House of Commons
The Crown (The Queen) in Parliament
She has certain formal roles such as opening of Parliament and giving the royal assent to Bills
The Judiciary
The judges.
Their role is to apply the law to decide the cases brought before them in the courts.
The Executive
Government - make decisions and run the country.
Government ministers are elected in General Election and to lead Government they have to have majority (at least 326)
Separation of Powers
The doctrine that the liberty of the individuals can be protected only if the 3 main functions of the state are exercised by distinct and independent organs.
In the United Kingdom, however, the doctrine is only partly applied. The Executive
(government) led by the Prime Minister consists of Members of Parliament (the
Legislature). The Judiciary are independent of Parliament and the government.
House of Commons
House has 650 members elected in General Election.
House of Lords
The House is made up of unelected peers. Most of them are appointed but some are hereditary (inherited). It also includes some Church of England bishops.
The Bill
it is a draft of the law which is considered by Parliament.
Bill sections call - Clauses
Bill types
Bill can fall across in number of classifications. *** By subject: Public (all country); Private; Hybrid. By Originator: Government; Private Members By Purpose: Law reform; Consolidation (reorganize)
Primary sources of law
Act of Parliament/Statute
Secondary sources of law - Delegated legislation
Law made by Government minister or other body under powers given to then by a statute.
Delegated legislation types
Statutory instruments are the most important category and include regulations, rules and orders.
Bye-laws are created by local authorities or organizations such as Transport for London.
Ultra vires
Beyond its/his/her powers.
This concept is used in Judicial review cases
An Act of Parliament
Also known as Statute. A document that sets our legal rules that has passed through the Houses of Parliament and been formally agreed by the Crown (the Queen)
The Law Commission
A politically - independent organization established under the Law Commissions Act 1965 which reviews and reforms the law
Green paper
Drafts of the Governmental proposals for the creation of a new Act.
The Doc is circulated to interested parties who are invited to comment
White Paper
A doc published by the Government when the consultation process is complete which sets out their proposals for the new law and the reasons for them.
Bills By Subject
PRIVATE - a Bill which proposes new law which affects a limited geographical area or limited group of people or an institution
PUBLIC - Bill which affects the whole country
HYBRID - particularly affects certain individuals or locations
The Parliament Acts 1911 and 1949
Acts if Parliament which limit the scope of the House of Lords to block bills approved by the House of Commons
Stages in creation of Act of Parliament
1 2 C R 3 ******** 1 - 1st reading 2 - 2nd reading C - Committee Stage R - Report Stage 3 - 3rd Reading
