Public: Primary Legislation and Secondary Legislation Flashcards

(34 cards)

1
Q

What underpins parliamentary legitimacy in the UK?

A

That MPs in the House of Commons are elected in open

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2
Q

Why is the UK’s ‘first past the post’ system said to limit representativeness?

A

Because it heavily favours major parties

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3
Q

Under what circumstances must a judge notify the Speaker about an MP?

A

When an MP is convicted and sentenced to any term of imprisonment. :contentReference[oaicite:2]{index=2}

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4
Q

What consequences flow from an MP being imprisoned for over one year?

A

They are disqualified from sitting and voting in the Commons or its committees. :contentReference[oaicite:3]{index=3}

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5
Q

What is the role of the Independent Parliamentary Standards Authority (IPSA)?

A

To regulate and publish MPs’ business costs and expenses

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6
Q

Who investigates breaches of the Commons’ Code of Conduct?

A

The Parliamentary Commissioner for Standards

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7
Q

Name two sanctions the Commons’ Committee on Standards can recommend.

A

Suspension from the House and expulsion (in the most serious cases). :contentReference[oaicite:6]{index=6}

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8
Q

How are members of the House of Lords appointed today?

A

Mainly by Prime Ministerial recommendation to the Monarch

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9
Q

What is Parliamentary privilege under Article 9 of the Bill of Rights 1689?

A

Freedom of speech for members in proceedings—you cannot be sued or questioned in court for things said or done in Parliament. :contentReference[oaicite:8]{index=8}

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10
Q

What ancient privilege exempts MPs and peers from civil arrest?

A

They cannot be arrested on civil matters during parliamentary sessions without the House’s consent. :contentReference[oaicite:9]{index=9}

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11
Q
A
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12
Q

What defines primary legislation?

A

Acts of Parliament (public or private) passed by both Houses and given Royal Assent.

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13
Q

How does secondary legislation differ?

A

Made under powers in a parent Act (e.g. statutory instruments

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14
Q

What are the two types of Acts of Parliament?

A

Public Acts (general public concern) and private Acts (specific individuals or bodies). :contentReference[oaicite:12]{index=12}

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15
Q

Outline the five main stages a Bill goes through in each House.

A

First Reading; Second Reading; Committee Stage; Report Stage; Third Reading. :contentReference[oaicite:13]{index=13}

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16
Q

What happens at Royal Assent?

A

The Monarch formally approves a Bill

17
Q

When does an Act normally come into force?

A

On Royal Assent or on a commencement date set in the Act

18
Q

Why can delegated legislation be ‘quashed’ by the courts?

A

If it goes beyond the powers granted by its parent Act (ultra vires). :contentReference[oaicite:16]{index=16}

19
Q

What are the two main parliamentary procedures for scrutinising SIs?

A

Negative procedure (laid and effective unless annulled) and affirmative procedure (requires explicit approval). :contentReference[oaicite:17]{index=17}

20
Q

Who checks clarity and legal conformity of SIs?

A

The Joint Committee on Statutory Instruments. :contentReference[oaicite:18]{index=18}

21
Q

Why is secondary legislation so prevalent?

A

Because it allows flexible

22
Q

What are the three opening elements of every Act of Parliament?

A

Short title; long title (preamble); and year/chapters number :contentReference[oaicite:0]{index=0}

23
Q

How is the body of an Act of Parliament organised?

A

Into Parts (and sometimes Chapters)

24
Q

What are the subdivisions within a section?

25
Where do you find detailed ancillary provisions (e.g. transitional arrangements) in an Act?
In Schedules at the end of the Act :contentReference[oaicite:3]{index=3}
26
Which clause specifies when and where an Act comes into force?
The Commencement clause (often empowering a Minister to make an SI) :contentReference[oaicite:4]{index=4}
27
What clause defines the geographic extent of an Act of Parliament?
The Extent clause stating which parts of the UK it applies to :contentReference[oaicite:5]{index=5}
28
What supplementary material often accompanies an Act of Parliament for guidance?
Explanatory Notes and a Table of Origins (not part of the Act itself)
29
What are the opening elements of an Act of Senedd Cymru?
Short title; “Senedd Cymru” Act number (e.g. “2024 anaw 1”); and long title
30
How is the body of an Act of Senedd Cymru structured?
Into Parts (and if needed Chapters)
31
Where are detailed provisions and technical schedules placed in Senedd Acts?
In Schedules appended at the end of the Act
32
How do Senedd Acts indicate commencement?
By a Commencement section
33
What clause shows the territorial application of a Senedd Act?
The Extent clause specifying which parts of Wales or UK legislation it amends
34
What accompanying documents help interpret a Senedd Act?
Explanatory Memorandum and Explanatory Notes (for Members’ and public guidance)