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Parliamentary Ping-pong
Parliamentary ping-pong is a phrase used to describe a phenomenon in the Parliament of the United Kingdom, in which a bill appears to rapidly bounce back and forth between the two chambers like a ping-pong ball bounces between the players in a game of table tennis. Procedure The British parliament is bicameral, consisting of the House of Commons and the House of Lords. Before a Bill can receive the Royal Assent and become law, it must be passed in its final form by both the Commons and the Lords without changes. If one of the Houses makes any change or amendment to it, the other House has to agree to those changes, or make counter-changes of its own (such as reverting to the previous text), in which case it returns to the other House. The debates in each House are usually scheduled weeks or months apart. However, in certain circumstances when there is time pressure, this process can be sped up to less than six hours per chamber. If the two Houses continue to disagree, the pr ...
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Palace Of Westminster, London - Feb 2007
A palace is a grand residence, especially a royal residence, or the home of a head of state or some other high-ranking dignitary, such as a bishop or archbishop. The word is derived from the Latin name palātium, for Palatine Hill in Rome which housed the Imperial residences. Most European languages have a version of the term (''palais'', ''palazzo'', ''palacio'', etc.), and many use it for a wider range of buildings than English. In many parts of Europe, the equivalent term is also applied to large private houses in cities, especially of the aristocracy; often the term for a large country house is different. Many historic palaces are now put to other uses such as parliaments, museums, hotels, or office buildings. The word is also sometimes used to describe a lavishly ornate building used for public entertainment or exhibitions such as a movie palace. A palace is distinguished from a castle while the latter clearly is fortified or has the style of a fortification, whereas a pa ...
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Judicial Review
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompatible with a higher authority: an executive decision may be invalidated for being unlawful or a statute may be invalidated for violating the terms of a constitution. Judicial review is one of the checks and balances in the separation of powers: the power of the judiciary to supervise the legislative and executive branches when the latter exceed their authority. The doctrine varies between jurisdictions, so the procedure and scope of judicial review may differ between and within countries. General principles Judicial review can be understood in the context of two distinct—but parallel—legal systems, civil law and common law, and also by two distinct theories of democracy regarding the manner in which government should be organized ...
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Trade Act 2021
The Trade Act 2021 (c. 10) is an Act of the Parliament of the United Kingdom to make provision about the implementation of international trade agreements. It was introduced to the House of Commons on 19 March 2020 by the Secretary of State for International Trade Liz Truss, and introduced to the House of Lords on 21 July 2020 by Lord Grimstone of Boscobel. It received royal assent on 29 April 2021. Summary and purpose An earlier "Trade Bill" anticipating UK withdrawal from the European Union was introduced in the UK Parliament 2017-2019 Parliamentary session (7 November 2017), intended make to provision for "the implementation of international trade agreements; to make provision establishing the Trade Remedies Authority and conferring functions on it; and to make provision about the collection and disclosure of information relating to trade". The bill failed to complete its passage through Parliament before the end of the session and therefore failed.UK ParliamentTrade Bill ...
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Royal Assent
Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in others that is a separate step. Under a modern constitutional monarchy, royal assent is considered little more than a formality. Even in nations such as the United Kingdom, Norway, the Netherlands, Liechtenstein and Monaco which still, in theory, permit their monarch to withhold assent to laws, the monarch almost never does so, except in a dire political emergency or on advice of government. While the power to veto by withholding royal assent was once exercised often by European monarchs, such an occurrence has been very rare since the eighteenth century. Royal assent is typically associated with elaborate ceremony. In the United Kingdom the Sovereign may appear personally in the House of Lords or may appoint Lords Commissioners, who announc ...
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Sunset Clause
In public policy, a sunset provision or sunset clause is a measure within a statute, regulation or other law that provides that the law shall cease to have effect after a specific date, unless further legislative action is taken to extend the law. Most laws do not have sunset clauses and therefore remain in force indefinitely, except under systems in which desuetude applies. Origin The roots of sunset provisions are laid in Roman law of the mandate but the first philosophical reference is traced in the laws of Plato. At the time of the Roman Republic, the empowerment of the Roman Senate to collect special taxes and to activate troops was limited in time and extent. Those empowerments ended before the expiration of an electoral office, such as the Proconsul. The rule ''Ad tempus concessa post tempus censetur denegata'' is translated as "what is admitted for a period will be refused after the period". The same rules were applied in the Roman emergency legislation. The fundamental p ...
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Control Order
A control order is an order made by the Home Secretary of the United Kingdom to restrict an individual's liberty for the purpose of "protecting members of the public from a risk of terrorism". Its definition and power were provided by Parliament in the Prevention of Terrorism Act 2005. Control orders were also included in the Australian Anti-Terrorism Act 2005. The control orders section of the Prevention of Terrorism Act provides for extremely limited rights of appeal and the absence of double jeopardy restrictions (i.e. if a recipient managed to win an appeal in the Court of Appeal or other tribunal, the Home Office could simply re-apply the same order again). This has led to many court rulings highly critical of the orders. The Prevention of Terrorism Act and control orders were repealed in December 2011 by the Terrorism Prevention and Investigation Measures Act 2011. Powers The list of possible restrictions and obligations that can be included in a control order is long. ...
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Charge (law)
A criminal charge is a formal accusation made by a governmental authority (usually a public prosecutor or the police) asserting that somebody has committed a crime. A charging document, which contains one or more criminal charges or counts, can take several forms, including: * complaint * information * indictment * citation * traffic ticket The charging document is what generally starts a criminal case in court. But the procedure by which somebody is charged with a crime and what happens when somebody has been charged varies from country to country and even, within a country, from state to state. Before a person is found guilty of a crime, a criminal charge must be proven beyond a reasonable doubt. Punishment There can be multiple punishments due to certain criminal charges. Minor criminal charges such as misdemeanors, tickets, and infractions have less harsh punishments. The judge usually sentences the person accused of committing the charges right after the hearing. Th ...
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Human Rights Act 1998
The Human Rights Act 1998 (c. 42) is an Act of Parliament of the United Kingdom which received royal assent on 9 November 1998, and came into force on 2 October 2000. Its aim was to incorporate into UK law the rights contained in the European Convention on Human Rights. The Act makes a remedy for breach of a Convention right available in UK courts, without the need to go to the European Court of Human Rights (ECHR) in Strasbourg. In particular, the Act makes it unlawful for any public body to act in a way which is incompatible with the convention, unless the wording of any other primary legislation provides no other choice. It also requires the judiciary (including tribunals) to take account of any decisions, judgment or opinion of the European Court of Human Rights, and to interpret legislation, as far as possible, in a way which is compatible with Convention rights. However, if it is not possible to interpret an Act of Parliament so as to make it compatible with the convention, ...
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Court Of Last Resort
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of a supreme court are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts. However, not all highest courts are named as such. Civil law states tend not to have a single highest court. Additionally, the highest court in some jurisdictions is not named the "Supreme Court", for example, the High Court of Australia. On the other hand, in some places the court named the "Supreme Court" is not in fact the highest court; examples include the New York Supreme Court, the supreme courts of several Canadian provinces/territories, and the former Supreme Court of Judicature of England and Wal ...
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Law Lords
Lords of Appeal in Ordinary, commonly known as Law Lords, were judges appointed under the Appellate Jurisdiction Act 1876 to the British House of Lords, as a committee of the House, effectively to exercise the judicial functions of the House of Lords, which included acting as the highest appellate court for most domestic matters. The House of Lords lost its judicial functions upon the establishment of the Supreme Court of the United Kingdom in October 2009. Lords of Appeal in Ordinary then in office automatically became Justices of the Supreme Court of the United Kingdom, and those Supreme Court justices who already held seats in the House of Lords lost their right to speak and vote there until after retirement as Justices of the new court. Background The House of Lords historically had jurisdiction to hear appeals from the lower courts. Theoretically, the appeals were to the King (or Queen) in Parliament, but the House of Commons did not participate in judicial matters. The H ...
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Indefinite Detention
Indefinite detention is the incarceration of an arrested person by a national government or law enforcement agency for an indefinite amount of time without a trial; the practice violates many national and international laws, including human rights laws. In recent years, governments have indefinitely incarcerated individuals suspected of terrorism, often in black sites, sometimes declaring them enemy combatants. Views Most nations of the world and human rights groups hold unfavorable views towards indefinite detention. Australia In 1994, indefinite detention was introduced for Vietnamese, Chinese, and Cambodian refugees; previous laws had imposed a 273-day limit. In 2004, the High Court of Australia ruled in the case ''Al-Kateb v Godwin'' that the indefinite detention of a stateless person is lawful.. China Human rights group claim a history of forced labour, arbitrary arrest and detention of minority groups, including: Falun Gong members, Tibetans, Muslim minoriti ...
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