WK 4 - Legislation and statutory interpretation
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18 Terms
What is the scope of an Act of Parliament (UK)
Unlimited
What is the scope of secondary legislation
Can only be made for the purpose which the empowering primary legislation directs
What is it called when secondary legislation exceeds its power
Ultra vires - beyond the power
What does parliamentary sovereignty mean
In theory, parliament can make any law
How many MPs are in the House of Commons
650
How many current members does the House of Lords have
775
Who are the Lords Temporal (political peers) in the House of Lords
The largest group
Who are the Lords Temporal (cross benchers) in the House of Lords
non affiliated experts
Who are the Lords Spiritual in the House of Lords
religious representatives
What does an Act of Parliament start as
a bill
What are the 7 stages of taking a bill to an Act in the UK Parliament
First reading
Second reading
Committee stage
Report stage
Third reading
Passage to the other house
Royal assent
How many MSPs are in the Scottish parliament
129
What are the 5 stages of a bill becoming an Act of the Scottish parliament
Introduction
Stage 1
Stage 2
Stage 3
Royal assent
When does legislation come into force
The day it receives royal assent
What does later legislation usually trump
Earlier legislation that is conflicting
How do you know if a legislation is a constitutional statute
If it involves fundamental rights, the way in which the sources of law operates
Who interprets statutes
Judges, lawyers, academics