• Created by: 10dhall
  • Created on: 03-05-17 10:41
What are green papers?
These are less formal proposals which set out the draft for legislative change
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What are white papers?
These are firmer proposals and are harder to change at this stage; likely to become law
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What are bylaws?
These are made by the local authorities and are binding on their geographical location. Example: London Underground; no smoking, littering fines, no drinking alcohol in certain places, have to be approved by the relevant GM, eg: hairdressers, public
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What are orders in council?
These are made by the Queen and the Privy Council, mostly in emergencies. Example: Foot and mouth crisis in 2001
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What are statutory instruments/regulations?
These were made to allow Parliament to repeal law through SI's.
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What are the different types of bills?
Private, public and hybrid
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What is a private bill?
These are acts which affect a particular company or group of people, and can sometimes be called local acts. An example is: the Humber Bridge Act 2013
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What is a public bill?
These are introduced by Government on matters which affect a whole country. Example: PACE 1984
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What is a hybrid act?
This is a public bill which can affect different sections of the population; Channel Tunnel Rail Link Act 1996
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What categories can legislation fall into?
Consolidation, emergency, financial, legislation giving effect to treaties
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What is the first stage of the bill process?
The first reading: draft for legislative change is set out, MP's vote if it should go on, date is set for second reading, a formality
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What is the second stage?
The second reading: MPS debate the public policy behind the bill and this is where the main debate takes place, the describe the aims and answer questions
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What is the third stage?
The committee stage: this is where they go through the bill line by line and is the most detailed, allows detailed scrutiny, 15-60 MP's, members chose due to expertise, entitled to scrutinise every detail, if it is important, the whole house will sit
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What is the fourth stage?
The report stage: the Comittee will report back to Parliament to inform the House of amendments, (if none skip this), amendments will be debated on being rejected/accepted.
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What is the fifth stage?
Third reading: gives final chance for bill to look at the bill, cannot make amendments, a formality. 6 MP's needed, if there are any challenges the whole thing will start again
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What is the sixth stage?
Repeat process (ping-pong): it will be passed to the other house to consider amendments and then passes back, through the Parliament Acts 1911 and 1949 ping pong could arise solving this
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What is the seventh stage?
Royal assent: this is when the Queen gives her signature to the bill to approve it, she has only declined once, the bill will then go on to be implemented into an Act of Parliament
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Who are bills drafted by?
The office of parliamentary counsel
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Criticisms of drafting legislation?
Over elaboration, confusing/complex language, arrangement and amendment
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Proposals for reform?
Improved drafting/more by experts, greater clarity of the purpose of bills, improved examination of the bills
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What statute states that if a money bill has successfully gone through the HOC the government can seek royal assent in one month after it has gone to the HOL?
The Parliament Act 1911 and 1949
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How are statutory instruments/regulations made?
The negative, positive and super affirmative procedure
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What is the positive procedure?
This is when the HOC have to agree to the regulations, but they can only agree or scrap the whole thing. Scrutiny is limited.
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What is the negative procedure?
Regulations laid before the HOC, and is when a regulation will become law within 40 days if Parliament does not seek to change it
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What Act brought in the super affirmative procedure?
The Legislative and Regulatory Reform Act 2006
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What is this procedure?
It gives Parliament more power and allows them to repeal law through an SI, can only be done where the law concerned imposes a burden
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What can it not be used for?
New tax, new criminal offence / change to human rights act 1998
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What must the Government Minister consider?
Is there a need for legislation or can it be achieved in another way? Is the proposed change proportionate? Are necessary protections maintained?
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Who must the government minister consult?
The law commission, organisations representing those affected and the welsh assembly
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Challenging DL?
Enabling act, procedures
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What is procedural ultra vires?
'Was the wrong procedure used when the SI was created?'
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What is substantive ultra vires?
'Are the regulations unreasonable? Was it out of the enabling Act?'
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Advantages of delegated legislation?
Parliament can concentrate on major issues leaving smaller to other bodies, allows experts to work on local areas, flexibility
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Disadvantages of delegated legislation?
Lack of parliament scrutiny, lack of decision making by parliament, lack of debate, bulky and complex
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Other cards in this set

Card 2


What are white papers?


These are firmer proposals and are harder to change at this stage; likely to become law

Card 3


What are bylaws?


Preview of the front of card 3

Card 4


What are orders in council?


Preview of the front of card 4

Card 5


What are statutory instruments/regulations?


Preview of the front of card 5
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