Sources of Law I: Domestic Legislation

<p>Secondary legislation (C)</p> Signup and view all the answers

<p>True (A)</p> Signup and view all the answers

<p>False (B)</p> Signup and view all the answers

<p>True (A)</p> Signup and view all the answers

<p>European Communities Act 1972 (C)</p> Signup and view all the answers

<p>Transport for London Act 2016 (C)</p> Signup and view all the answers

<p>The Sexual Offences Act 2003 (D)</p> Signup and view all the answers

<p>The Equality Act 2010 (A)</p> Signup and view all the answers

<p>True (A)</p> Signup and view all the answers

<p>False (B)</p> Signup and view all the answers

<p>Using the incorrect capitalisation for Acts of Parliament, Bills of Parliament, and the word Parliament (C)</p> Signup and view all the answers

<p>Ellipsis, unforeseen developments, and broad terms (C)</p> Signup and view all the answers

<p>What the common law was before the making of the Act, what the mischief and defect was for which the common law did not provide, what remedy the Parliament hath resolved and appointed to cure the disease of the Commonwealth, and the true reason of the remedy. (A)</p> Signup and view all the answers

<p>False (B)</p> Signup and view all the answers

<p>True (A)</p> Signup and view all the answers

<p>True (A)</p> Signup and view all the answers

<p>Ejusdem generis, noscitur a sociis, and expressio unius est exclusio alterius (D)</p> Signup and view all the answers

<p>True (A)</p> Signup and view all the answers

<p>True (A)</p> Signup and view all the answers

The most authoritative source of law created by Parliament, consisting of the House of Commons, the House of Lords, and the Monarch.

Primary legislation is the highest form of UK law, also known as Acts of Parliament or statutes. It directly creates laws on a variety of subjects.

Secondary legislation is created by bodies authorized by Parliament to implement changes. It's often used for specific details or adjustments to existing laws.

Public Bills concern matters affecting the entire public, often introduced by government MPs. They deal with broad issues, like national laws.

Private Bills are introduced to Parliament by individuals or organizations requiring specific legal authority. They are less common and deal with particular needs.

Hybrid Bills combine elements of both public and private bills. They affect specific individuals but also have a wider impact.

Consolidating legislation brings together existing laws from different statutes into a single Act, making it easier to access and understand.

Codifying legislation takes existing common law principles and places them onto a statutory footing, often with some changes to the original law.

Parliamentary supremacy means that Parliament is the supreme law-making body in the UK, and its laws cannot be challenged by any other body, including the courts.

The positive limb of parliamentary supremacy states that Parliament can create, amend, or remove any piece of legislation it desires.

The negative limb of parliamentary supremacy states that Parliament cannot be questioned by any individual or body, including the courts.

Continuing sovereignty means that Parliament is not bound by past decisions and cannot bind future Parliaments.

The European Communities Act 1972 made the UK subject to EU law, potentially impacting parliamentary supremacy.

The Human Rights Act 1998 integrated the European Convention on Human Rights into UK law, requiring compatibility with convention rights.

Judicial review is a process where courts can challenge secondary legislation, but not primary legislation.

Ultra vires describes an action taken beyond the legal power granted to a delegated body. Courts can use this to challenge secondary legislation.

Legislation passed by Parliament is known as an Act of Parliament or a statute.

The legislative procedure for passing a Bill into an Act involves stages like first reading, second reading, committee stage, report stage, third reading, and royal assent.

Government Bills are introduced by the government as part of their legislative program and often have more support to pass.

Private Members' Bills are introduced by individual MPs, not the government. They are less likely to pass unless they have significant backing.

A White Paper is a policy document setting out the government's proposals for future legislation, open to consultation.

A Green Paper is a consultation document where the government explores policy options for future legislation.

The Parliamentary Counsel drafts Bills, working closely with government departments to translate policy into clear, effective laws.

The First Reading is a formality where the title of a Bill is read and a date is set for the Second Reading. It's about introducing the Bill.

The Second Reading is where a Bill is debated, with MPs discussing its general principles and whether it should proceed.

The Committee Stage scrutinizes the wording and technical aspects of a Bill, making amendments if needed.

The Report Stage debates amendments made during the Committee Stage, with the possibility of rejecting changes or making further amendments.

The Third Reading is the final stage of debate on a Bill before it goes to the other House. This stage is generally a formality.

The Parliament Acts 1911 and 1949 provide a mechanism for the House of Commons to pass legislation without the approval of the House of Lords.

Royal assent is the final step for a Bill to become law. The Monarch, acting on ministerial advice, formally approves the Bill.