primary legisaltion
contains fundamental principles of English law
what are the different types of primary legislation
public
private
hybrid
what is public legislation
affected general law of the land
what is private legislation
local or personal nature
what does private legislation involve
- designed to confer powers on any person, in excess of or conflict with the general law
- promoters are often local authorities
- private companies can but forward proposals for such legislation, seeking powers.
what is hybrid legislation
public legislation
affecting private person or interest in a way
what happens in the channel tunnel act 1987
- public legislation in that allowing construction for real tunnel between UK and France, affecting everyone in the UK
- Also private as some parts of the act were very specific
what case related to hybrid legislation
High speed rail act 2017
what happens in the act High speed rail act 2017
- makes provision for a railway between euston in London and a junction with the weather coast main line in staffordshire, with spur from waster Morton in Warwickshire to Curzon street in Birmingham and for connected purposes.
- bill primarily concerned with authorising construction of the HS2, and addressing issues such as granting powers to acquire land and facilitating construction to allow new line and better work.
what is constitutional and ordinary legislation
principle in law that parliament cannot bind itself
confirmed by divisional court in thobourn v Sunderland city council 2002
what is government legislation
start of each session, monarch opens parliament with a speech form the throne, outlining the main proposals for the session.
reasons why legislation is passes
- implemented government policy
- human rights act 1998- long term objective of the Labour Party even when in opposition, as was the House of Lords act 1999
- annual measured- finance act
- measures arise in the course of every parliamentary session.
- some legislation is a response to decision of the courts.
- required to give effect to the UK’s international obligations, primarily under the various treaties that relate to membership of the EU.
-Consolidation acts are also passed. - can only be repelled by parliament itself, once been passed.
what was the implementation of EU directives
- Jan 2020- lots of legislation was passed to bring the UK into line with legislaition produced by the EU.
- Directives- binding on the government of the EU’s member states but only as to the result to be achieved, while leaving to the member states the choice of form and methods, meaning that on its own has no legal force.
what factors limit effectiveness of parliamentary scrutiny of legislation
government majority
governments control of the timetable
guillotine
what is the government majority
government has most in House of Commons allowing them to control their own supporters of the time.
what is governements control of the timetable
allows time for their measures to be considered ensuring measures are voted on no talked about.
what is guillotine
allocation of time motion- commons sets a limit on the amount of time that may be spent on a particular stage of bill.
what are the limited powers of MP’s
- limited ability to scrutinise the activities of government effectively
- lack of time
- lack of expertise
- lack of independent information.
what is the role of opposition parties
- opposing government measure
- make the government less generally acceptable rather then make the bill more generally acceptable.
what is the role of House of Lords
- amend legislation has been limited by the parliament act procedure and by self-imposed limitations arising from its own concern about its lack of credibility
- after the passage of the House of Lords act 1999, the house regards itself more legitimate and willing to exercise its power to amend and even reject, government legislation.
what are English voted for English laws
under this procedure any bills in the opinion of the speaker concern only England, would be debated by the House of Commons in the usual way up including the second reading, but after only English MP’s would participate in the committee stage.
if they vote in favour the bill will pass to the report stage, but a no vote means bill is dropped, procedure in House of Lords wasn’t changed.
why was the new EVEL procedures
concern the unfairness of Scotland MP’s
how did they resolve inter-house conflicts
using the parliament act procedures
what were the parliament act procedures used to resolve inter-house conflicts.
- before 1911, both houses has equal power
- changed after the lords refused to pass the finance bill in 1909, despite it being already cleared by the commons
- under the 1911 act the commons is allowed to override the House of Lords refusal to allow a bill to pass, provided certain conditions are met.
lords have little veto over legislative measures, money bill must pass immediately, public bills may be delayed over a year.
