Delegated Legislation and Judicial Review

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is the primary difference between autonomic legislation and other forms of delegated legislation?

Autonomic legislation can only be enacted by national government.

Autonomic legislation is not subject to judicial review.

Autonomic legislation requires no approval from Parliament.

Autonomic legislation allows independent bodies to legislate for their own members. (correct)

Which of the following types of legislation is proposed by private entities and does not affect the entire nation?

Public Acts

International Treaties

Statutory Instruments

Private Acts (correct)

Which procedure requires that legislation be laid before Parliament and pass after a specified period unless objections are raised?

Laying for judicial review

Laying without discussion

Laying with negative resolution (correct)

Laying with affirmative resolution

What does the Constitution not define or govern regarding citizens?

Economic policies of the state Signup and view all the answers

Which of the following is NOT a ground for courts to review delegated legislation?

Popularity of the legislation Signup and view all the answers

Which type of legislation must be published in the Gazette to become law?

Delegated legislation Signup and view all the answers

Which body can create autonomic legislation under specific circumstances?

An autonomous council Signup and view all the answers

In the context of delegated legislation, what does 'pre-emergent control' refer to?

Assessment of procedures used to create legislation Signup and view all the answers

What type of cases can the Parish Court handle in relation to firearm offences?

Preliminary inquiries involving murder or treason Signup and view all the answers

In which court are cases involving the use of a gun in commission of a crime heard?

The High Court Signup and view all the answers

What does the term 'Intra Vires' indicate in the context of Judicial Review?

Actions consistent with the Constitution Signup and view all the answers

What is the key function of Judicial Review concerning government actions?

To protect the rights of citizens Signup and view all the answers

Which division of the court hears capital offences related to firearms?

Circuit Court Division Signup and view all the answers

What does the doctrine of 'stare decisis' refer to in common law?

Application of principles from previous cases to current cases Signup and view all the answers

What happens when a law is found 'Ultra Vires' during judicial review?

It is declared null and void Signup and view all the answers

Which body is primarily responsible for reviewing laws passed by Parliament in the context of Judicial Review?

The High Court Signup and view all the answers

At which stage of the legislative process can a Bill be amended by members of the committee?

Committee Stage Signup and view all the answers

What happens if the Senate disagrees with an aspect of the Bill?

The Bill is sent back to the House of Representatives. Signup and view all the answers

When does an Act become law after it is passed by both Houses of Parliament?

Upon receiving the Royal Assent Signup and view all the answers

Which stage does not allow for amendments of a substantial nature?

Third Reading Signup and view all the answers

What is required for the formal commencement of an Act to take place?

Notifying the date by the Minister Signup and view all the answers

What power does the House have during the committee stage of a Bill?

To closely examine the Bill and propose amendments Signup and view all the answers

What is the role of the Governor-General in the legislative process?

To give Royal Assent to make bills law Signup and view all the answers

What is the purpose of the report stage in the legislative process?

To summarize the committee's findings and any amendments Signup and view all the answers

Study Notes

Laying Legislation Before Parliament

Laying: Legislation is presented to Parliament without discussion or explicit approval. Approval is implied.
Laying Subject to Affirmative Resolution: Requires an affirmative vote from both Houses of Parliament for legislation to be passed.
Laying Subject to Negative Resolution: If no objection is raised by either House within 21 days of presentation, the legislation is passed.
Publication: Legislation must be published in the Gazette to become law.

Judicial Review of Delegated Legislation

Courts can review:
- Process/Procedures: Used to create delegated legislation - 'pre-emergent control'.
- Consistency with Parent Act: Whether delegated legislation aligns with the powers granted by the parent act - 'post-emergent control'.
- Reasonability/Constitutionality: Of the delegated legislation.

Autonomic Legislation

A distinct form of delegated legislation whereby autonomous bodies are given independent power to legislate for their own members and, in limited cases, for the public.
This power is typically granted by Parliament, but not always.
Regardless of the source, the power is sanctioned by Parliament.
Examples of autonomous bodies: Bar Councils, Chambers of Commerce, churches.
Autonomic legislation is subject to judicial control under administrative law principles.

The Constitution

Establishes Parliament and grants it legislative power.
Acts as the primary source of law for rules related to:
- Citizenship
- Fundamental rights and freedoms
- Structure and powers of government
Defines citizen's rights.
Outlines the legal and political system.
Sets mandatory procedures for government.
Provides redress for violations of basic human rights.
Forms the basis for judicial review.

Types of Legislation

Acts of Parliament:
- Private Acts: Proposed by corporations, companies, or private entities.
- Public Acts: Proposed by people through their representatives and affect the entire nation.
- Statutes: Passed in accordance with international treaties or agreements.

The Gun Court

Comprised of three divisions:
- Parish Court (formerly Resident Magistrate's Court): Conducts preliminary inquiries into firearm offenses involving murder or treason.
- High Court: Tries cases involving unlicensed possession of a firearm or the use of a firearm in the commission of a crime (except murder or treason).
- Circuit Court Division: Handles capital offenses involving firearms (murder and treason).

The Doctrine of Judicial Precedents

Central to common law.
"Stare Decisis" means "let the decision stand."
Principles of law from prior cases are applied to similar cases.
Used when no relevant statutes exist.

Judicial Review

Process by which Courts review government actions.
Key part of the "rule of law."
Ensures government action aligns with the Constitution.
Courts examine government actions and laws for consistency with the Constitution.
Intra Vires: Action or law consistent with the Constitution.
Ultra Vires: Action or law inconsistent with the Constitution; declared null and void.

Passage of a Bill in Parliament

First Reading: Bill is introduced to the House and read aloud.
Second Reading: Full debate of the Bill; vote taken at the end.
Committee Stage: Detailed examination of the Bill, clause by clause; amendments can be proposed and voted on.
Report Stage: The House is informed of any amendments made during the Committee Stage.
Third Reading: No significant amendments allowed; the Bill can be accepted or rejected by a vote.
Senate Stage: The Bill is sent to the Senate and goes through the same procedures as in the House of Representatives; potential for amendments and reconsideration.
Royal Assent: The Bill is approved by both Houses and receives the Governor-General's assent; becomes law.

When an Act Becomes Law

After approval by both Houses of Parliament and receiving the Governor-General's assent.
Law becomes effective upon publication of the Governor-General's assent.
Certain provisions may apply before full implementation (e.g., establishment of a board, Minister prescribing regulations).

Minister's Notice of Act Commencement

If an Act's commencement is to be notified by the Minister, a notice is published in the Gazette stating the date the Act will come into effect.
The Act's provisions become effective on the date specified in the notice, not the date of Gazette publication.

Parliament's Review of Delegated Legislation

There is no specific mechanism for Parliament to review delegated legislation.
Parliament can indirectly monitor delegated legislation through:
- Scrutiny by committees: Parliament may set up committees to look into delegated legislation.
- Question time: Members of Parliament can ask questions about delegated legislation.
- Debates: Parliament can debate delegated legislation.
However, this review is not a formal process.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Description

This quiz covers the processes of laying legislation before Parliament, including affirmative and negative resolutions. It also explores the judicial review of delegated legislation, focusing on the court's ability to assess processes, consistency with parent acts, and the reasonability of legislative measures.