Intro - Legislation Flashcards
(9 cards)
1
Q
What constitutes primary legislation?
A
- Statutes & Acts of Parliament
2
Q
Who else can pass Acts?
A
- Devolved Legislatures
- these Acts also count as primary legislation
3
Q
What has been the standard UK position on statutes?
A
There is no hierarchy of statutes -> all have the same legal status
4
Q
How are contradictions avoided?
A
the latest in time impliedly repeals any inconsistent earlier statute
5
Q
Has the standard UK position on statutes been changed?
A
- Yes
- common law recognises some key constitutional statutes
6
Q
What does Secondary legislation entail?
A
- written law made by the Executive
- ordinarily pursuant to law-making powers conferred in primary legislation
- pursuant: in accordance with (a law or legal document)
7
Q
What are examples of secondary legislation?
A
- statutory instruments
- regulations
- orders in council
- rules
8
Q
How does secondary legislation function?
A
- statutes confer ‘delegated powers’ on Government to make such rules
9
Q
What limits secondary legislation?
A
- common law
- e.g. Case of Proclamations (1611)
