Lecture notes
Legislation Summary Law
- Module
- Foundation year notes
- Institution
- City University (City)
Those are the brief notes especially for foundation and law students about legislation.
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Legislation is one of the sources of law in the UK law system. Themost important function of parliament is legislation. British Parliament
consists of the House of Commons, the House of Lords and the
Monarch. In Britain, Parliament is sovereign but membership of the
European Union (EU) has compromised this principle.
House of Commons is the democratically elected chamber of
Parliament. There are 646 MPs.
House of Lords acts as a revising chamber for legislation and its work
complements the business of the commons. (bu cumleyi paraphrase
etsin, kolay ezberlenebilir veya yazilabilir sekilde Alice).
Basically their work is: making law, checking the government’s work and
debating current issues.
In English law there is a distinction between primary and
secondary legislation. There are some similarities; nonetheless (yine
de, bununla birlikte) both of them serve different purposes.
To begin with, primary legislation is made up of (ibaret olmak, olusmak)
statutes. An example of this is the Equality Act 2010. Primary legislation
is also known as Acts of Parliament, which begins as a ‘bill’. A bill is an
official proposal for a piece of legislation. In order to become law (an Act
of Parliament) the bill has to proceed through a number of complex
stages. There are three types of bill
Public Bills:
These are prepared by Parliament counsel. They are presented
by Government ministers.
Private Bills:
These are prepared by an individual MP. These are more likely
for drawing attention on the specific issues.
Pre Parliament stages:
a) The departmental stage: Most pieces of legislation begin
in the government departments.
b) Green paper: Consultation documents which start out
and invite comments from interested parties
c) White paper: Published documents
d) Drafting stage: Draft bills are produced by lawyers in the
Parliamentary Counsel Office
,Next stage is Parliamentary stage, which consist of five distinct
parts.
a) First reading: The title of prepared bill is read to the
House of Commons
b) Second reading: Proposing minister or MP explains the
bill, general debate after vote
c) Committee stage: The bill is then referred
(yonlendirilmek) to a committee of the House of
Commons for scrutiny
d) Report stage: Reports back to the House, and any
proposed amendments are debated and voted upon
e) Third reading: The bill is re-presented to the House.
There are maybe a short debate, and a vote on(oya
sunmak) whether to accept or reject the legislation as it
stands(mevcut haliyle, bu sekliyle)
Then the bill goes to the House of Lords. A similar procedure is
followed in the House of Lords, which are again first reading,
second reading and third reading.
However, the Parliament Acts of 1911 and 1949 lay down (sor bu
kelime yerine ne kullanabilirsin) special procedures by which
proposed legislation can go for Royal Assent without the approval
of the House of Lords.
The House of Lords has the power to:
a) Delay bills (not money-related) for maximum of one
parliamentary session
b) Propose changes (Although they have limited legal
powers but they have remarkable tactical power)
Royal Assent:
Afterwards, the bill is presented for Royal Assent to the
Queen. A bill is not technically law until it has received her
approval. The bill is not refused outright since the time of Queen
Anne (Scottish Militia Bill 1702).
Secondary Legislation (Delegated Legislation):
This is law made outside of Parliament but with the
authority of Parliament. Executives are responsible for making
this type of law. An example of secondary legislation is order in
council, bye laws and statutory instrument.
, Statutory instrument: These are made by Government
departments. The Legislative and Regulatory Reform Act 2006
gives the executive very wide powers to make delegated
legislation. The official aim of the Act is to make it simpler and
faster to amend existing legislation.
Bye-laws: These are made by local authorities, public and
nationalised bodies. Bye-laws have to be approved by central
government.
Orders in Council: These are made by Government in times of
emergency. They are drafted by relevant government department,
approved by the Privy Council and signed by the Queen.
Why is the legated legislation is necessary?
• Insufficient parliamentary time/speed
• Technicality of the subject matter
• Need for local knowledge
• Emergency powers required in time of war
• Flexibility, easily amended or revoked than statutes
Control of delegated legislation:
a) Supervision by Parliament
* Revocation
* The negative resolution procedure-motion to annul
* The affirmative resolution procedure-constitutional
* The super affirmative resolution procedure
* Committee supervision
* Question from MP’s
* House of lords maybe veto delegated legislation
b) The consultation of experts; those who make delegated
legislation often consult experts within the relevant field.
c) Publication of the legislation; a delegated legislation is
published and available for public.
d) Conformation by a government minister; under s. 235 (2)
of the local government act 1972, bye-laws passed by local
authorities often need to be confirmed by the relevant government
minister.
e) The courts with the judicial review procedure
* Validity of an Act of Parliament con never be
questioned by courts, however, delegated legislation can.
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