Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
27 Cards in this Set
- Front
- Back
|
Legislation - Sources
|
|
|
|
Parliament
|
Examining and challenging the work of the government (scrutiny)Debating and passing all laws (legislation)Enabling the government to raise taxes
|
|
|
Legislation
|
Parliament is responsible for approving new laws (legislation). The government introduces most plans for new laws, or changes to existing laws - but they can originate from an MP, Lord or even a member of the public or private group. Before they can become law, both the House of Commons and House of Lords must debate and vote on the proposals.
|
|
|
Making Laws
|
One of Parliament's main roles is debating and passing statute law (legislation). The Government introduces most plans for new laws, with many included in the Queen's Speech at the opening of each session of Parliament, and changes to existing laws. However, new laws can originate from an MP or a Lord. Emergency issues such as the threat of terrorism, pressure on the Government to update old laws and case law in the courts, interpreting, clarifying and re-applying established principles of statute law, all contribute to the need for new laws.
|
|
|
Who is consulted about changes to the law?
|
Before draft laws, known as Bills, are introduced into Parliament, there is often consultation or discussion with interested parties such as professional bodies, voluntary organisations and pressure groups.
|
|
|
White and Green Papers
|
Proposals for legislative changes may be contained in government White Papers. These may be preceded by consultation papers, sometimes called Green Papers, which set out government proposals that are still taking shape and seek comments from the public. There is no requirement for White or Green Papers to be introduced before a Bill is introduced into Parliament.
|
|
|
Draft Bills and pre-legislative scrutiny
|
A Draft Bill is a Bill that is published to enable consultation and pre-legislative scrutiny before a Bill is formally introduced into either the House of Commons or House of Lords. A Draft Bill is considered, often by a departmental select committee in the Commons or by a joint committee of Lords and Members of the Commons. This allows MPs and Members of the Lords to have early influence on the Bill. This process is known as pre-legislative scrutiny.
|
|
|
Do all Bills apply to the whole of the UK?
|
Before draft laws, known as Bills, are introduced into Parliament, there is often consultation or discussion with interested parties such as professional bodies, voluntary organisations and pressure groups.
|
|
|
International and EU legislation
|
Sometimes new laws are also needed to ensure that the UK complies with international or EU legislation.
|
|
|
Draft Bills
|
Draft Bills are issued for consultation before being formally introduced to Parliament. This allows proposed changes to be made before the Bill's formal introduction. Almost all Draft Bills are Government Bills. Government departments produce Draft Bills and issue them to interested parties. MPs and Lords can also consider them in committees.
|
|
|
Why are there Draft Bills?
|
The practice of publishing Draft Bills has become more frequent in recent years. It allows examination and amendments to be made to texts and made more easily - before their formal introduction to Parliament as a Bill proper.
|
|
|
Parliament's role in Draft Bills
|
Most Draft Bills are examined either by select committees in the Commons or Lords or by a joint committee of both Houses. Draft Bills considered by Parliament are available on this website.
|
|
|
Government's role in Draft Bills
|
The consultation process on Draft Bills may involve the government issuing a paper for public discussion and response. The best-known examples of this are White and Green Papers.Although not formal definitions, Green Papers usually put forward ideas for future government policy that are open to public discussion and consultation. White Papers generally state more definite intentions for government policy.
|
|
|
Bill
|
A Bill is a proposal for a new law, or a proposal to change an existing law that is presented for debate before Parliament. Bills are introduced in either the House of Commons or House of Lords for examination, discussion and amendment. When both Houses have agreed on the content of a Bill it is then presented to the reigning monarch for approval (known as Royal Assent). Once Royal Assent is given a Bill becomes an Act of Parliament and is law.
|
|
|
Act
|
An Act of Parliament creates a new law or changes an existing law. An Act is a Bill approved by both the House of Commons and the House of Lords and formally agreed to by the reigning monarch (known as Royal Assent). Once implemented, an Act is law and applies to the UK as a whole or to specific areas of the country.
|
|
|
Deligated Legislation
|
Delegated or secondary legislation is usually concerned with detailed changes to the law made under powers from an existing Act of Parliament. Statutory instruments form the majority of delegated legislation but it can also include Rules or Codes of Practice.
|
|
|
What delegated legislation does
|
Delegated legislation allows the Government to make changes to a law without needing to push through a completely new Act of Parliament. The original Act (also known as primary legislation) would have provisions that allow for future delegated legislation to alter the law to differing degrees. These changes range from the technical, like altering the level of a fine, to fleshing out Acts with greater detail; often an Act contains only a broad framework of its purpose and more complex content is added through delegated legislation.
|
|
|
Statutory instruments
|
Statutory instruments (SIs) are a type of delegated legislation. Approximately 3000 SIs are issued each year, making up the bulk of delegated legislation. About two-thirds of SIs are not actively considered before Parliament and simply become law on a specified date in the future. SIs are normally drafted by the legal office of the relevant government department. Consultations often take place with interested bodies and parties.
|
|
|
Judge Made Law - Sources
|
|
|
|
Judicial Precedent
|
Judges are significant sources of law through the process judicial precedent which places great emphasis upon judgements in previous legal cases as guidance for future judicial decision
|
|
|
Hierarchy of Precedent
|
In English law the principle of hierarchy of precedents means that earlier precedents must be followed by courts of lesser or equal stature regarding cases involving the same legal rule.
|
|
|
The common law
|
The common law is an area which has been entirely developed by judges deciding cases before them.
|
|
|
Statuatory interpretation
|
Statuatory interpretation relates to law mad by a Judges interpretation of an Act of Parliament.
|
|
|
EU Law - Sources
|
|
|
|
European Parliament
|
Law passed in the European Parliament which affects all member states enacted by treaty
|
|
|
Human Rights Law - Sources
|
|
|
|
ECHR (European Convention of Human Rights)
|
The ECHR is an international convention adpoted in 1950 which binds the states that signed it to certain standards within law.
|
