5. Parliamentary government and the legislative process

2021 ◽  
pp. 54-80
Author(s):  
Colin Faragher
Keyword(s):  
Significant Role ◽  
Legislative Process ◽  
Voting Systems ◽  
House Of Commons ◽  
Essential Information ◽  
Parliamentary Government ◽  
House Of Lords ◽  
The Uk ◽  
Electoral Law

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter first describes the UK legislature. The legislature of the UK is the Queen in Parliament. Parliament is bicameral, meaning that, apart from the Queen, there are two legislative chambers called the House of Lords and the House of Commons. The House of Lords—composed of life peers, senior bishops, and some hereditary peers—is guardian of the constitution through the work of the House of Lords Constitution Committee and protects the constitution and initiates and revises legislation. The House of Commons—composed of constituency representatives organized on party lines under the whip system—is the principal legislative chamber and plays a significant role in scrutinizing the executive. The discussion then turns to the legislative process, covering electoral law, alternative voting systems, and the devolution of the legislative function including the Wales Act 2017.

7. Parliament and the legislative process

2019 ◽  
pp. 88-110
Author(s):  
Colin Faragher
Keyword(s):  
Significant Role ◽  
Legislative Process ◽  
Voting Systems ◽  
House Of Commons ◽  
Essential Information ◽  
House Of Lords ◽  
The Uk ◽  
Electoral Law

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter first describes the UK legislature. The legislature of the UK is the Queen in Parliament. Parliament is bicameral, meaning that, apart from the Queen, there are two legislative chambers called the House of Lords and the House of Commons. The House of Lords—composed of life peers, senior bishops, and some hereditary peers—is guardian of the constitution through the work of the House of Lords Constitution Committee and protects the constitution and initiates and revises legislation. The House of Commons—composed of constituency representatives organized on party lines under the whip system—is the principal legislative chamber and plays a significant role in scrutinizing the executive. The discussion then turns to the legislative process, covering electoral law, alternative voting systems, and the devolution of the legislative function including the Wales Act 2017.

7. Parliament and the legislative process

2017 ◽  
Author(s):  
Colin Faragher
Keyword(s):  
Significant Role ◽  
Legislative Process ◽  
Voting Systems ◽  
House Of Commons ◽  
Essential Information ◽  
House Of Lords ◽  
The Uk ◽  
Electoral Law

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter first describes the UK legislature. The legislature of the UK is the Queen in Parliament. Parliament is bicameral, meaning that, apart from the Queen, there are two legislative chambers called the House of Lords and the House of Commons. The House of Lords—composed of life peers, senior bishops, and some hereditary peers—protects the constitution, and initiates and revises legislation. The House of Commons—composed of constituency representatives organized on party lines under the whip system—is the principal legislative chamber and plays a significant role in scrutinizing the executive. The discussion then turns to the legislative process, covering electoral law, alternative voting systems, and the devolution of the legislative function including the Wales Act 2017.

10. EU Legislation

2018 ◽  
Author(s):  
Ed Beale ◽  
Libby Kurien ◽  
Eve Samson
Keyword(s):  
Direct Access ◽  
Legislative Process ◽  
House Of Commons ◽  
National Parliaments ◽  
Eu Legislation ◽  
House Of Lords ◽  
The Government ◽  
The Uk ◽  
The Eu

This chapter examines the ways in which the UK Parliament formally constrains the government and engages with European Union (EU) institutions. The House of Lords and the House of Commons both have processes to ensure that legislation proposed at the EU level has been properly reviewed before it takes effect in UK law. The ‘scrutiny reserve’, which stipulates that ministers should not agree to proposals under scrutiny, is used to elicit information about the government's negotiating position. Parliament also has a role in examining EU legislation and providing direct access to European institutions. The chapter first provides an overview of the EU legislative process, focusing on three principal EU institutions: member states, the European Parliament (EP), and the European Commission. It also considers the formal role of national parliaments in the EU legislative process, the UK Parliament's scrutiny of the EU legislation and its effectiveness, and parliamentary scrutiny after Brexit.

5. Parliamentary sovereignty

2019 ◽  
pp. 99-123
Author(s):  
Anne Dennett
Keyword(s):  
Legislative Process ◽  
Bill Of Rights ◽  
House Of Commons ◽  
Legislative Power ◽  
Legal Limits ◽  
Parliamentary Sovereignty ◽  
House Of Lords ◽  
The Uk ◽  
A Current ◽  
Law Making

This chapter focuses on parliamentary sovereignty. The term ‘Parliamentary sovereignty’ is normally defined as the ‘legislative supremacy of Parliament’. Since the constitutional settlement brought about by the Bill of Rights 1689, the UK Parliament has had unchallenged authority to create primary law. Parliament's legislative supremacy means, therefore, that there is no competing body with equal or greater law-making power and there are no legal limits on Parliament's legislative competence. Parliament has broad legislative power but cannot make unchangeable statutes, and a current parliament can reverse laws made by a previous parliament. Nobody but Parliament can override Acts of Parliament. The Enrolled Bill rule requires that, if a Bill has passed through the House of Commons and House of Lords and received royal assent, the courts will not enquire into what happened before or during the legislative process.

2. Sources of Law I: Domestic Legislation

2017 ◽  
Author(s):  
Mark Thomas ◽  
Claire McGourlay
Keyword(s):  
Criminal Law ◽  
Contract Law ◽  
Regulatory Agencies ◽  
House Of Commons ◽  
Local Authorities ◽  
Essential Information ◽  
Implementing Change ◽  
House Of Lords ◽  
Domestic Legislation ◽  
The Uk

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. This chapter examines domestic legislation. Domestic legislation is created by Parliament, which consists of the House of Commons, the House of Lords, and the Monarch. It is divided into primary legislation and secondary legislation. Primary legislation takes the form of ‘Acts of Parliament’, commonly referred to as ‘statutes’. Statutes can cover a vast variety of laws from criminal law, land law, contract law, and many others. Meanwhile, secondary legislation — also known as delegated legislation or subordinate legislation — is the most common instrument for implementing change within the UK. Parliament has neither the time, the resources, nor the expertise to deal with certain matters. It is for these reasons that the majority of legislation is made outside of Parliament. Accordingly, Parliament may delegate such powers, through an Act of Parliament to other bodies and institutions to implement. Such bodies often include the Privy Council, government ministers, local authorities, and other regulatory agencies.

6. Parliamentary sovereignty

2021 ◽  
pp. 123-145
Author(s):  
Anne Dennett
Keyword(s):  
Legislative Process ◽  
Bill Of Rights ◽  
House Of Commons ◽  
Legislative Power ◽  
Legal Limits ◽  
Parliamentary Sovereignty ◽  
House Of Lords ◽  
The Uk ◽  
A Current ◽  
Law Making

This chapter focuses on parliamentary sovereignty. The term ‘parliamentary sovereignty’ is normally defined as the ‘legislative supremacy of Parliament’. Since the constitutional settlement brought about by the Bill of Rights 1689, the UK Parliament has had unchallenged authority to create primary law. Parliament’s legislative supremacy means, therefore, that there is no competing body with equal or greater law-making power and there are no legal limits on Parliament’s legislative competence. Parliament has broad legislative power but cannot make unchangeable statutes, and a current parliament can reverse laws made by a previous parliament. Nobody but Parliament can override Acts of Parliament. The Enrolled Bill rule requires that, if a Bill has passed through the House of Commons and House of Lords and received royal assent, the courts will not enquire into what happened before or during the legislative process.

3. Sources of Law I: Domestic Legislation

2020 ◽  
pp. 50-84
Author(s):  
Mark Thomas ◽  
Claire McGourlay
Keyword(s):  
Criminal Law ◽  
Contract Law ◽  
Regulatory Agencies ◽  
House Of Commons ◽  
Local Authorities ◽  
Essential Information ◽  
Implementing Change ◽  
House Of Lords ◽  
Domestic Legislation ◽  
The Uk

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. This chapter examines domestic legislation. Domestic legislation is created by Parliament, which consists of the House of Commons, the House of Lords, and the Monarch. It is divided into primary legislation and secondary legislation. Primary legislation takes the form of ‘Acts of Parliament’, commonly referred to as ‘statutes’. Statutes can cover a vast variety of laws including criminal law, land law, contract law, and many others. Meanwhile, secondary legislation—also known as delegated legislation or subordinate legislation—is the most common instrument for implementing change within the UK. Parliament has neither the time, the resources, nor the expertise to deal with certain matters. It is for these reasons that the majority of legislation is made outside of Parliament. Accordingly, Parliament may delegate such powers, through an Act of Parliament to other bodies and institutions to implement. Such bodies often include the Privy Council, government ministers, local authorities, and other regulatory agencies.

12. Introduction to Legislative Functions

Public Law ◽  
2019 ◽  
pp. 356-377
Author(s):  
Andrew Le Sueur ◽  
Maurice Sunkin ◽  
Jo Eric Khushal Murkens
Keyword(s):  
Legislative Process ◽  
House Of Commons ◽  
Binding Force ◽  
House Of Lords ◽  
The Uk ◽  
The Relationship

This chapter provides an overview of the themes covered in Part 3 of the book, consisting of Chapters 12 to 15. Chapter 13 examines the processes involved in making Acts of the UK Parliament. Chapter 14 looks at ‘delegated legislation’—that is, rules that have the binding force of law made by ministers and other authorities, in which Parliament has a limited scrutiny role. Chapter 15 is a case study designed to bring together and develop several key themes—notably, the relationship between the House of Commons and House of Lords in the legislative process.

15. Case Study: Constitutionally Contested Legislation

Public Law ◽  
2019 ◽  
pp. 443-482
Author(s):  
Andrew Le Sueur ◽  
Maurice Sunkin ◽  
Jo Eric Khushal Murkens
Keyword(s):  
Wild Animals ◽  
House Of Commons ◽  
Labour Government ◽  
House Of Lords ◽  
The Commons ◽  
Constitutional Conventions ◽  
Set Up ◽  
The Uk ◽  
The Relationship

This chapter looks at the circumstances surrounding two events. The first is the 2005 decision of the UK Parliament to set up a committee to examine whether the constitutional conventions governing the relationship between the House of Lords and the House of Commons should be codified. The second is the decision of the Commons (and the Labour government) to press ahead and present the Hunting Bill 2004 for royal assent despite the opposition of the Lords to the policy of a total ban on hunting wild animals with dogs; the Lords preferred a policy of licensed hunting.

31. Parliament and Freedom of Information

2018 ◽  
Author(s):  
Ben Worthy
Keyword(s):  
Freedom Of Information ◽  
House Of Commons ◽  
High Profile ◽  
House Of Lords ◽  
The Law ◽  
The Uk ◽  
The Impact

This chapter considers the impact of the Freedom of Information (FOI) Act 2000 on the UK Parliament. Since 2005, FOI 2000 has helped make both the House of Commons and the House of Lords more open and accountable. The most high-profile effect of the law came in 2009, when it played a part in exposing the abuse of the expense allowance system. Despite the scandal, it is not clear whether FOI has transformed the culture of the two Houses. Nevertheless, the law has indirectly sparked a series of other reforms, so that FOI now sits alongside a whole range of instruments intended to make Parliament more open and accessible. The chapter first provides an overview of what FOIs consist of, their application to legislatures and Westminster specifically, before analysing the extent of the impact of FOI 2000 on the UK Parliament.

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