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.
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Mark Elliott and Jason Varuhas
This chapter deals with delegated legislation and the extent of its constitutional propriety. It begins with an overview of the enabling provisions in primary legislation in order to understand the permitted content and nature of the resultant delegated legislation. It then considers enabling provisions known as ‘Henry VIII clauses’, which authorize delegated legislation that amends or repeals primary legislation, as well as the extent of delegated powers. It also discusses the making of delegated legislation, from publication to consultation, legislative and administrative measures of delegated legislation, and the role of Parliament in making delegated legislation. Finally, it reviews parliamentary scrutiny of delegated legislation as well as judicial scrutiny and the general principles of judicial review.
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This chapter discusses law-making. First, it considers the different types of legislative measures, including the special arrangements introduced for law-making in preparation for Brexit. It then examines the methods of control and influence used before and during the consideration of legislation by Parliament, including analysis of the recently abandoned experiment with ‘English Votes for English Laws’. It concludes by analysing the process of judicial review of delegated legislation.
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This chapter discusses the EU system’s sources of law covering: primary legislation, secondary Union legislation and other sources of law, including ‘soft law’. It also discusses the legislative procedures, decision-making procedure of the Commission and legislative powers and implied powers. The chapter concludes with a discussion on the application of the principle of subsidiarity and proportionality.
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This chapter discusses what the executive branch of government is and what it does (with particular reference to the UK central government); how it relates to other branches of government (with particular reference to its relationship with Parliament); how it is held accountable, both politically and legally; the institutions and constitutional actors that make up the modern UK executive; and the considerable powers which it has at its disposal. It shows that the executive plays a pivotal role in the British constitution today, and that there are real concerns about whether it enjoys too much power—and about whether that power is subject to adequate oversight and control.
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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.
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The Q&A series offers the best preparation for tackling exam questions. Each chapter includes typical questions, diagram problem and essay answer plans, suggested answers, notes of caution, tips on obtaining extra marks, the key debates on each topic, and suggestions on further reading. This chapter is about administrative law. The citizen may use judicial review in the courts to ensure that public bodies obey the law, but there are alternatives to the courts, such as the Parliamentary and Health Service Ombudsman and the tribunal system. The questions here deal with issues such as the Parliamentary and Health Service Ombudsman; the tribunal system; and delegated legislation such as statutory instruments.
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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 discusses the English legal system. It provides an overview of the courts in the civil and criminal divisions, and their hierarchy. It discusses the source of law, delegated legislation, the impact of membership in the EU and the Human Rights Act 1998, and alternative forms of dispute resolution (ADR). The implications of ADR are increasingly important in civil disputes and essential between businesses where traditional court action can destroy commercial relationships.
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Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. The court is tasked with checking the legality of government action, which is mainly done through the process known as judicial review. Judicial review is a special form of court process that calls the executive to account for its exercise of power. This chapter discusses the history of judicial review; the grounds of review; the judicial review of delegated legislation; judicial review and the constitution; the difference between judicial review and appeal; the role of the courts and the Human Rights Act 1998; the judicial review procedure; and the extent to which judicial review can act as a check on executive power.
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This chapter examines the lawmaking powers of the European Union (EU) in the context of its Treaties. It explains that the EU has the competence to make law of various types (including secondary legislation, soft law, delegated acts and implementing acts) in a broad range of areas and that the amendments to the lawmaking procedures have affected the institutional balance, giving an increased role to the European Parliament. It discusses the changes made to improve the level of democracy at EU level, to address concerns that EU lawmaking has a ‘democratic deficit’ and lacks transparency and proportionality. The chapter also considers the different aspects of EU competence, describes the lawmaking process and sources of EU law and also addresses questions concerning the determination of exclusive, shared and concurrent competence, particularly in the context of subsidiarity. Furthermore, it examines the rules on the EU adopting legislation without all Member States participating (closer cooperation).
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This chapter provides an overview of the themes covered in Part III of the book, consisting of Chapters 12 and 13. The chapters are concerned legislation, which can be made for a variety of purposes: to set out public law rights; to impose taxation; to create powers for public bodies to take action; the regulation of commercial activity; and social control. Chapter 12 examines the processes involved in making Acts of the UK Parliament. The legislative process for making Acts of Parliament provides opportunities for democratic debate, but critics often express concern that the making of legislation is a rushed affair in which the public and parliamentarians have too little time and influence. Chapter 13 looks at ‘delegated legislation’—that is, rules that have the binding force of law made by ministers and other authorities, in which Parliament has even more of a limited scrutiny role.
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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.
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This chapter examines the legislative (law-making) process. In the UK, the Westminster Parliament can make primary legislation called Acts of Parliament or ‘Statutes’. Parliament can also grant powers to other bodies to make legislation on Parliament’s behalf, in the form of secondary legislation or delegated legislation. Parliament is comprised of three bodies, the Queen in Parliament, the House of Commons, and the House of Lords. A draft piece of legislation, a bill, which will become an Act of Parliament must be passed by the House of Commons and the House of Lords and then receive Royal Assent. If the House of Commons and House of Lords cannot agree on legislation this can be governed by the Parliament Acts 1911 and 1949. Secondary or delegated legislation is necessary for a number of reasons but is subject to controls exercised by Parliamentary and the courts.
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This chapter discusses the sources and purposes of company law. Legislation is the most important source of company law. The effect of EU legislation on UK law is explained, including retained EU Regulations which continue in force despite Brexit. Litigation concerning companies has generated a vast quantity of case law. There are other rules such as the UK Corporate Governance Code and there are practitioner texts and academic articles and books in abundance. There is a discussion of the purpose of company law which notes that its most significant purpose must be to facilitate business, but there is argument over whether mandatory rules of company law are the best way to encourage business enterprise. This leads to the discussion of whether companies should only serve the interests of their members (the shareholder-centred view of the company) or whether wider public interests must be considered.
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This chapter discusses the sources and purposes of company law. Legislation is the most important source of company law. The effect of EU legislation on UK law is explained, including retained EU Regulations which continue in force despite Brexit. Litigation concerning companies has generated a vast quantity of case law. There are other rules such as the UK Corporate Governance Code and there are practitioner texts and academic articles and books in abundance. There is a discussion of the purpose of company law which notes that its most significant purpose must be to facilitate business, but there is argument over whether mandatory rules of company law are the best way to encourage business enterprise. This leads to the discussion of whether companies should only serve the interests of their members (the shareholder-centred view of the company) or whether wider public interests must be considered.
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This chapter discusses the sources of English law, legislation, custom, case law, and EU law. It includes detail of how an Act of Parliament is created, an explanation of delegated legislation, and how legislation is interpreted by the courts. In considering case law, the importance of judicial precedent and how the system of precedence functions is fully explained. The chapter also discusses the major institutions of the EU including the jurisdiction of the Court of Justice of the European Union. The sources of EU law, treaties, regulations, directives, and decisions are outlined. The chapter outlines the 2016 referendum and the position of EU law in the UK during the negotiation period for the UK’s exit from the EU and the likely impact of the UK’s exit from the EU. Detail is given of the rights protected under the European Convention on Human Rights and Fundamental Freedoms and the impact of the Human Rights Act 1998.
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This chapter focuses on the legislative process. In any one parliamentary session, somewhere between thirty and forty Public General Acts are passed. The vast majority of these are government-inspired measures. The actual process of legislating involves a number of parliamentary and extra-parliamentary stages. There are normally five stages in the parliamentary life of a Bill: first reading, second reading, committee stage, report stage, and third reading. Each of these stages is discussed in turn. Parliamentary sessions also address Private Bills, hybrid Bills, Private Members’ Bills, consolidation Bills, and delegated legislation.
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This chapter focuses on the legislative process. In any one parliamentary session, somewhere between thirty and forty Public General Acts are passed. The vast majority of these are government-inspired measures. The actual process of legislating involves a number of parliamentary and extra-parliamentary stages. There are normally five stages in the parliamentary life of a Bill: first reading; second reading; committee stage; report stage; and third reading. Each of these stages is discussed in turn, as are the new arrangements where the Bill in question relates to England-only matters. Parliamentary sessions also address private Bills, hybrid Bills, Private Members’ Bills, consolidation Bills, and delegated legislation.
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The discussion of illegality as a ground continues in this chapter. The first concern here is to explain the importance to decision-making of the fettering principle since deciding by reference to a policy has the capacity to undermine statutory discretion. Sections are included on legitimate expectation relating to circulars and policy, estoppel and the fettering of discretion, fettering discretion by contract, and fettering discretion by wrongful delegation. In the final sections the chapter considers technical aspects of illegality including: the distinction between errors of law and errors of fact, the emergence of error of precedent fact, the ‘no evidence’ principle, and challenges to the validity of delegated legislation. The case law in this area is analysed in some detail.
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This chapter first considers the process by which Acts of Parliament come into being. It then turns to delegated legislation—that is, law that is made by other bodies under Parliament’s authority. Next, it looks at EU legislation, which had an increasingly significant effect from the time that the UK joined the European Economic Community in 1973. It explains the various institutions of the EU and role they had in the law-making process; the different types of EU legislation; and the circumstances in which individuals could use them in domestic courts, prior to Brexit. Finally, the chapter discusses the impact of the European Convention on Human Rights and the Human Rights Act 1998.
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