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32 Cards in this Set
- Front
- Back
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How is the power to make secondary legislation given to a secondary body from Parliament? |
Through an enabling Act granted by Parliament |
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What are the 3 main sources of law in UK |
Statutes Case law EU Law |
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What are the 3 types of secondary legislation? |
Statutory Instruments By-laws Orders in Council |
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What is a Statutory Instrument? |
SIs are used by ministers to make amendments to Acts SIs do not require to be passed through parliament |
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What are by-laws |
Laws that are made that specifically pertain to a company (national rail) or council (local park laws) |
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What are Orders in Council |
Relatively "unimportant laws" passed by the Crown and other government members |
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When did UK join European Community (now the European Union)? |
1973 |
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Most EU law relate to which two areas? |
Work Trade |
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Which 2 things affect the supremacy of Parliament? |
1. Membership to the EU 2. s.3 of the Human Rights Act |
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How does membership to the EU affect the supremacy of Parliament? |
When the UK signed up to the EU it was agreed that wherever there is a conflict between EU and UK domestic law: EU law will prevail. |
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How does s.3 of the Human Rights Act affect the supremacy of Parliament? |
The Human Rights Act was made to incorporate the European Convention on Human Rights. s.3 sets out that UK law will be interpreted (as far as possible) in line with the rights in the Convention on Human Rights. |
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Acts can either apply to everyone or a specific region. What are the names for the 2 different types of Acts? |
Public and General Acts Local Acts |
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What are the 8 stages in the creation of an Act? |
First reading: formal presentation - printed copies made available. Second reading: Debate on principles of bill - vote - if survives vote then stage 3 Committee Stage: each line scrutinised & debated - lines amended or excluded Report stage: chairman of committee presents bill - further debate - may be amended by House Third reading: bill presented in its final form - limited debate on minor amendments Passed to next House for same 5 to happen again. Consideration of amendments: original House considers other house's amendments- if not accepted = bill returned to other House. Royal Assent: becomes bill immediately on assent (unless clause to stipulate otherwise) |
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Before a bill is even created, so right in the beginning: what 2 stages need to happen first? |
Green paper (consultation paper) published & views/ideas sought from those interested/affected White paper provides clear proposals for the new law - may incorporate results of consultation process - used to draft bill |
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An enabling Act is just an Act of Parliament - but it is one that sets a general frame work and then gives power to ministers to fill in the details. True or false |
True |
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What are the 3 types of Statutory Instrument? |
Regulations Rules Orders |
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Are SI local or national in effect? |
National |
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Bills can be started in either House, but what is one type of Bill that can only be started in the Commons? |
Taxation bills |
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If the House of Lords were to oppose the Commons on a bill, what might the Commons use and aftrr what period of time can they use it? |
Parliament Acts 1911 and 1949, can use after 1 year |
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By-laws are made for "the good..." |
The good government of the specific area |
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What 3 things are Orders in Council used for? |
Responding to national crisis Regulating professional bodies (BMA) Transferring responsibilities between government dpts |
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The power given to pass delegated legislation is Not unlimited. What are 3 restrictions placed on it? |
The enabling Act will set out boundaries and any procedures that need to be followed- if not followed can be challanged in court and declared void. Most delegated legislation requires to be laid before Parliament ie made available to parliament during which time it can be opposed. [Rarely ever opposed though] Has to comply with the Human Rights Act- if doesn't : court can declare as void. |
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4 advantages to delegated legislation? |
Detailed laws made without taking parliamentary time Made by those with relevant technical/geographical knowledge Can be passed quickly Can be amended or revoked quickly |
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4 disadvantages to delegated legislation? |
Made by people who sometimes arent democratically elected People making it are not answerable to the electorate Little scrutiny from Parliament, and comes into effect quickly Most ppl dont know the laws in question exist |
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What is the Only source of primary EU law? And what are they divided into? |
Treaties They're divided into Articles |
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What are the 2 Treaties that form the constitutional basis of the EU? |
1. Treaty of Rome = formed the EEC signed 1957 > Consolidated in 2010 to become Treaty on he Functioning of the Euroean Union (TFEU)
2. Treaty on EU = (this is the Treaty of Maastricht) signed 1992 > Consolidated in 2010 but kept same name (Treaty on EU) |
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4 types of Secondary Legislation: Regulations, explain. |
Regulations are immediately binding on any member state when passed. |
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4 types of Secondary Legislation: Directives, explain. |
Directives set a date by which member states are to pass their own national laws to bring directive into effect. |
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What did the Product Liability Directive ask member states to do? |
Make national laws that make product manufacturers liable should their products cause death, injury or damage. |
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What Act did the UK bring in to give effect to the Product Liability Directive? |
Consumer Protection Act 1987 |
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When a defendant files their defence, what 2 things will the Court Officer then do? |
1. Provisionally allocate it to the track he sees to be appropriate
2. Send out a) Notice of Allocation b) Directions Questionnaire To both parties |
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If a party is represented, and the case is allocated to the multi track: what must the solicitor file with the Directions Questionnaire when returned? |
A costs budget (Form Precedent H) This sets out future and past costs |
