Chapter One - Definitions

Question

Chapter 1: (A) DEFINITIONS

Answer

Please explain the meaning of the following terms, providing examples wherever appropriate.

(1) Executive

The executive is the body that carries out the day-to-day running of the country – in the UK, the government of the day. The government is led by the Prime Minister and his Cabinet of senior Ministers.

(2) Legislature

The legislature is the body that has the power to make laws: in the UK, the Parliament (House of Lords, House of Commons) located at Westminster. The UK Parliament makes primary legislation in the form of Acts of Parliament.

(3) Queen in Parliament

This term describes the exercise of largely ceremonial Crown prerogative powers by the Queen in relation to Parliament. Such powers include: opening new parliamentary sessions (and delivering the Queen’s speech); dissolving parliamentary sessions for the purposes of a general election; giving royal assent to legislation; and appointing or dismissing the Prime Minister.

(4) Royal Assent

All Bills are sent to the Queen for her assent following the necessary stages of progress through the House of Commons and House of Lords. Such assent must be given for the Bill to become an Act. By convention, it is always given.

(5) Delegated Legislation

This is secondary legislation made by a specific person or body (such as a minister or a local authority) on behalf of Parliament, using power delegated by Parliament. The most common types of delegated legislation are regulations and orders-in-council (issued as statutory instruments) and bylaws.

(6) Bill

Bills are drafted pieces of legislation that, after progress through the necessary stages of debate and amendment in both Houses of Parliament, become Acts of Parliament.

(7) Green Paper

The Government publishes a Green Paper when it wishes to outline general ideas and proposals for law reform. It is therefore a document that encourages debate and initiates a process of consultation with specialist bodies and individuals.

(8) White Paper

Like Green Papers, these are again published by the Government for consultation purposes, but offer more detailed and concrete proposals about the law reform that the Government wishes to introduce. In ‘AS Level Law’, for example, there is coverage of the Government’s 2002 White Paper on the Criminal Justice System, Justice for All (see Chapter 9, in particular). Many of these proposals were then included in the Government’s Criminal Justice Bill.

(9) Secretary of State

A Secretary of State is a senior Government Minister (otherwise known as a Minister of the Crown, and a member of the Cabinet) with responsibility for leading a high-profile Government department.

(10) Declaration of Incompatibility

This is a power contained in s 4 of the Human Rights Act 1998 which may be exercised by the judges. It enables a judge to declare UK legislation of relevance to the case before him or her to be ‘incompatible’ with the UK’s obligations under the European Convention on Human Rights.