Legislative powers

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Practice notes
Brexit: This Practice Note contains guidance on subjects impacted by the UK’s withdrawal from the EU. As of 31 January 2020 (exit day), the UK is no...
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Produced in partnership with Laura Bolado 12th Jan
Practice notes
Essential to Parliament’s legislative supremacy is the principle that Parliament is not bound by its predecessors, and cannot bind its successors. It...
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Produced in partnership with Carl Gardner 12th Jan
Practice notes
In briefA great deal of the business of Parliament is carried out by committees of MPs or peers working on a specific subject or task. Public bill...
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9th Nov
Practice notes
The purpose of this Practice Note is to provide a general understanding of the offences under section 1, 2 and 6 of the Bribery Act 2010 (BA 2010). It...
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Produced in partnership with Joanne Kane of Carmelite Chambers 12th Jan
Practice notes
Brexit: This Practice Note contains guidance on subjects impacted by the UK’s withdrawal from the EU. As of 31 January 2020 (exit day), the UK is no...
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Produced in partnership with Carl Gardner 12th Jan
Practice notes
When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...
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9th Nov
Practice notes
The rights preserved under the European Convention on Human Rights (ECHR), as set out in the Human Rights Act 1998 Sch 1, can be broadly divided into...
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Produced in partnership with Alexander Campbell of Field Court Chambers 12th Jan
Practice notes
Brexit: This Practice Note contains guidance on subjects impacted by the UK’s withdrawal from the EU. As of 31 January 2020 (exit day), the UK is no...
Read More >
Produced in partnership with Laura Bolado 12th Jan
Practice notes
Brexit: This Practice Note contains guidance on subjects impacted by the UK’s withdrawal from the EU. As of 31 January 2020 (exit day), the UK is no...
Read More >
Produced in partnership with Adam Cygan of University of Leicester 12th Jan
Practice notes
When a public body receives a claim form for judicial review, the first step is to consider whether the claim has been brought in time. For further...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 12th Jan
Practice notes
General rule on costs in judicial reviewThe general rule in relation to costs in judicial review, as in other proceedings, is that costs follow the...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 12th Jan
Practice notes
This Practice Note provides an overview of contract expiry and of the different causes of termination and ways to discharge a contract, including...
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9th Nov
Practice notes
Background to judicial review in ScotlandJudicial review represents the means by which the courts control the exercise of governmental power. Judicial...
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Produced in partnership with Carolyn Morgan of Harper Macleod LLP 12th Jan
Practice notes
This Practice Note provides an introduction to retained EU law, which is an entirely new legal concept introduced to UK domestic law in preparation...
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9th Nov
Practice notes
It is not possible to successfully argue that an Act of Parliament is invalid because of flaws, or even fraud, in the legislative process.Early...
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Produced in partnership with Carl Gardner 12th Jan
Practice notes
Brexit: This Practice Note contains guidance on subjects impacted by the UK’s withdrawal from the EU. As of 31 January 2020 (exit day), the UK is no...
Read More >
Produced in partnership with Laura Bolado 12th Jan

Most recent Legislative powers content

Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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9th Apr
Practice notes
This Practice Note is concerned only with the structure of UK legislation passed by, or processed through, the UK’s four legislatures. This falls into...
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Produced in partnership with Alison Gorlov of Winckworth Sherwood 9th Apr
Practice notes
BillA Bill is a proposal for a new law or a proposal for an amendment to an existing law which is presented to Parliament for debate. Bills can be...
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9th Apr
Practice notes
LegislationThe English legal system is based upon two primary sources of law:•legislation, and•case law, or common lawAll legislation is a primary...
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9th Apr
Practice notes
Any consultation exercise carried out by a public authority in relation to a proposed decision must be conducted at a time when proposals are at a...
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Produced in partnership with Carl Gardner 9th Apr
Q&As
Where a contract contains a reference to legislation, the question may arise as to which version of the legislation is meant. The default position is...
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Produced in partnership with Eleonor Duhs of Fieldfisher and Indira Rao MBE of Counsel for EU and International Law, House of Commons 6th Apr
Practice notes
The 21st century has produced giants of primary legislation such as the Companies Act 2006 with its 1,300 sections and 16 Schedules.Meanwhile, the...
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Produced in partnership with Alison Gorlov of Winckworth Sherwood 6th Apr
Practice notes
ARCHIVED: This Practice Note has been archived and is not maintained.Brexit: This Practice Note contains guidance on subjects impacted by the UK’s...
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Produced in partnership with Adam Cygan of University of Leicester 6th Apr
Practice notes
The transposition of EU Directives is the process by which EU Member States give effect to Directives within their own domestic legal system. EU...
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Produced in partnership with Adam Cygan of University of Leicester 30th Mar
Precedents
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
Read More >
Produced in partnership with Adam Cygan of University of Leicester 29th Mar
Precedents
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
Read More >
Produced in partnership with Adam Cygan of University of Leicester 29th Mar
Practice notes
ARCHIVED: This Practice Note has been archived and is not maintained.EU legislation which is not directly applicable (eg Directives and Decisions) can...
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Produced in partnership with Adam Cygan of University of Leicester 29th Mar
Practice notes
There are three main canons of statutory construction relevant to the protection of human rights in the UK:•the presumption that Parliament does not...
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Produced in partnership with Alexander Campbell of Field Court Chambers and Eric Metcalfe of Monckton Chambers 15th Mar
Q&As
Purposive (teleological) constructionThe purposive approach has its roots in legal systems based on civil codes. It is a method of statutory...
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7th Dec
Q&As
Online historical versions for over 2,400 enactments can be accessed on LexisLibrary. These are predominantly acts and a small number of statutory...
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29th Nov
Q&As
General principles―Parliamentary supremacy and implied repealThe doctrine of parliamentary sovereignty requires that Parliament is not bound by its...
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29th Nov
Q&As
What does it mean to repeal legislation?To repeal a piece of legislation revokes or rescinds it wholly or in part. The word ‘repeal’ is used for...
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29th Nov

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