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.

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.

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.

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.

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. The Significance of Rituals in Parliament

2018 ◽  
Author(s):  
Emma Crewe ◽  
Paul Evans
Keyword(s):  
House Of Commons ◽  
Parliamentary Debates ◽  
Political World ◽  
Members Of Parliament ◽  
House Of Lords ◽  
The Uk ◽  
Power Hierarchy ◽  
The Way

This chapter examines the significance of rituals in the UK Parliament, focusing on the centrality of rules in such rituals, how parliamentary debates are ritualized, and how ceremonies order relationships between different groups in our political world. It first explains the purpose of parliamentary rituals and how they are regulated, showing that the value attached to the way Parliament ritualizes its interaction is strongly contested between Members of Parliament (MPs) and by outside commentators. In particular, it considers Standing Orders, rules made by either the House of Commons or the House of Lords to set out the way certain aspects of House procedures operate. The chapter also discusses how rituals result in conflict and conciliation and as markers of power, hierarchy, and identity in Parliament.

3. Legislation and the law-making process

2020 ◽  
pp. 70-114
Author(s):  
Steve Wilson ◽  
Helen Rutherford ◽  
Tony Storey ◽  
Natalie Wortley ◽  
Birju Kotecha
Keyword(s):  
House Of Commons ◽  
House Of Lords ◽  
The Law ◽  
The Uk ◽  
Law Making

The UK Parliament makes legislation in the form of primary legislation called Acts of Parliament and grants powers to other bodies to make legislation on Parliament’s behalf, in the form of secondary legislation or delegated legislation. Parliament is composed of three bodies, the Queen in Parliament, the House of Commons, and the House of Lords. A draft piece of legislation, a bill, to become an Act of Parliament must be passed by the House of Commons and the House of Lords and then receive the royal assent. If the House of Commons and House of Lords cannot agree on legislation this is dealt with under the Parliament Acts 1911 and 1949. Secondary or delegated legislation is necessary for a number of reasons but is subject to controls both parliamentary and in the courts.

3. Legislation and the law-making process

2018 ◽  
Author(s):  
Steve Wilson ◽  
Helen Rutherford ◽  
Tony Storey ◽  
Natalie Wortley
Keyword(s):  
House Of Commons ◽  
House Of Lords ◽  
The Law ◽  
The Uk ◽  
Law Making

The UK Parliament makes legislation in the form of primary legislation called Acts of Parliament and grants powers to other bodies to make legislation on Parliament’s behalf, in the form of secondary legislation or delegated legislation. Parliament is composed of three bodies, the Queen in Parliament, the House of Commons, and the House of Lords. A draft piece of legislation, a bill, to become an Act of Parliament must be passed by the House of Commons and the House of Lords and then receive the royal assent. If the House of Commons and House of Lords cannot agree on legislation this is dealt with under the Parliament Act 1911 and 1949. Secondary or delegated legislation is necessary for a number of reasons but is subject to controls both parliamentary and in the courts.

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