Public: Primary Legislation and Secondary Legislation Flashcards
(34 cards)
What underpins parliamentary legitimacy in the UK?
That MPs in the House of Commons are elected in open
Why is the UK’s ‘first past the post’ system said to limit representativeness?
Because it heavily favours major parties
Under what circumstances must a judge notify the Speaker about an MP?
When an MP is convicted and sentenced to any term of imprisonment. :contentReference[oaicite:2]{index=2}
What consequences flow from an MP being imprisoned for over one year?
They are disqualified from sitting and voting in the Commons or its committees. :contentReference[oaicite:3]{index=3}
What is the role of the Independent Parliamentary Standards Authority (IPSA)?
To regulate and publish MPs’ business costs and expenses
Who investigates breaches of the Commons’ Code of Conduct?
The Parliamentary Commissioner for Standards
Name two sanctions the Commons’ Committee on Standards can recommend.
Suspension from the House and expulsion (in the most serious cases). :contentReference[oaicite:6]{index=6}
How are members of the House of Lords appointed today?
Mainly by Prime Ministerial recommendation to the Monarch
What is Parliamentary privilege under Article 9 of the Bill of Rights 1689?
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}
What ancient privilege exempts MPs and peers from civil arrest?
They cannot be arrested on civil matters during parliamentary sessions without the House’s consent. :contentReference[oaicite:9]{index=9}
What defines primary legislation?
Acts of Parliament (public or private) passed by both Houses and given Royal Assent.
How does secondary legislation differ?
Made under powers in a parent Act (e.g. statutory instruments
What are the two types of Acts of Parliament?
Public Acts (general public concern) and private Acts (specific individuals or bodies). :contentReference[oaicite:12]{index=12}
Outline the five main stages a Bill goes through in each House.
First Reading; Second Reading; Committee Stage; Report Stage; Third Reading. :contentReference[oaicite:13]{index=13}
What happens at Royal Assent?
The Monarch formally approves a Bill
When does an Act normally come into force?
On Royal Assent or on a commencement date set in the Act
Why can delegated legislation be ‘quashed’ by the courts?
If it goes beyond the powers granted by its parent Act (ultra vires). :contentReference[oaicite:16]{index=16}
What are the two main parliamentary procedures for scrutinising SIs?
Negative procedure (laid and effective unless annulled) and affirmative procedure (requires explicit approval). :contentReference[oaicite:17]{index=17}
Who checks clarity and legal conformity of SIs?
The Joint Committee on Statutory Instruments. :contentReference[oaicite:18]{index=18}
Why is secondary legislation so prevalent?
Because it allows flexible
What are the three opening elements of every Act of Parliament?
Short title; long title (preamble); and year/chapters number :contentReference[oaicite:0]{index=0}
How is the body of an Act of Parliament organised?
Into Parts (and sometimes Chapters)
What are the subdivisions within a section?
Sub-sections