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Book Details
Abstract
Prior to the start of the twenty-first century, laws were made for Wales by the Parliament at Westminster. Devolution, and the creation of the National Assembly, has given Wales another legislature that does not replace the UK Parliament but shares in its law-making activity regarding certain subjects. This book considers how legislation is made for Wales; its primary focus is law-making by the National Assembly and the Welsh Government, but the role of Westminster and Whitehall is also observed. The purpose of this volume is to raise a critical awareness of what is involved in sound law-making – it is intended not only for those who prepare and make legislation within the institutions of government, but equally also for the citizens whose lives are affected by that legislation, and who have an interest in the quality of the laws that govern them and the society in which they live. This is the first such work to consider these issues from a Welsh perspective.
Table of Contents
| Section Title | Page | Action | Price |
|---|---|---|---|
| Cover | i | ||
| Title Page | iv | ||
| Copyright | v | ||
| Series Preface | vi | ||
| Contents | viii | ||
| Foreword | xii | ||
| Preface | xiv | ||
| Acknowledgements | xviii | ||
| Table of Cases | xx | ||
| Assembly Standing Orders | xxi | ||
| Table of Assembly Measures | xxi | ||
| Table of Assembly Acts | xxii | ||
| Table of Assembly Bills | xxii | ||
| Table of United Kingdom Acts | xxiii | ||
| Table of Statutory Instruments | xxvi | ||
| Chapter 1: Legislation and Legislatures | 1 | ||
| Legislation: the word and its meaning | 1 | ||
| Implications of these meanings | 1 | ||
| The phases of legislation as an activity | 4 | ||
| Terminology | 7 | ||
| The legislative initiative | 8 | ||
| The authority to enact: deliberation and decision-making | 9 | ||
| The executive branch of government | 14 | ||
| The government of the United Kingdom | 15 | ||
| The history of Welsh devolution | 18 | ||
| The Welsh Government and the Welsh Ministers | 25 | ||
| The Civil Service and the Assembly Commission | 28 | ||
| The challenge of legislating for Wales | 28 | ||
| Chapter 2: From Ideas to Policy | 31 | ||
| Legislation, government and the rule of law | 31 | ||
| The need for legislation | 32 | ||
| Ideas for legislation | 33 | ||
| Properly thought through policy | 39 | ||
| Policy: the word, its meaning and the implications | 40 | ||
| The action and its consequences | 40 | ||
| Efficacy and impact | 42 | ||
| Answering the questions: evidence and analysis | 45 | ||
| The case for change | 46 | ||
| Generating options | 48 | ||
| The preferred option | 48 | ||
| Chapter 3: From Policy to Proposal | 51 | ||
| The changes to the law that can be made | 51 | ||
| Freedom and legislation | 52 | ||
| Freedom or liberty as the default position | 53 | ||
| The principle of proportionality | 54 | ||
| Legal duties | 60 | ||
| Enforcing legal duties and claim rights | 60 | ||
| Methods of enforcement | 62 | ||
| Fundamental legal concepts: the static set | 62 | ||
| The concept of a legal power | 64 | ||
| Fundamental legal concepts: the dynamic set | 65 | ||
| Classifications of legislation | 67 | ||
| Choices of legislature and of kinds of legislation | 70 | ||
| Chapter 4: The National Assembly for Wales: Competence and Constraints | 79 | ||
| Territorial limitations | 79 | ||
| Subject-matter competence | 81 | ||
| Enforcement | 94 | ||
| Incidental and consequential provisions | 97 | ||
| General restrictions | 100 | ||
| Extent | 107 | ||
| Compatibility with EU law and human rights | 108 | ||
| Challenges to legislative competence | 109 | ||
| Secretary of State intervention | 112 | ||
| Chapter 5: People and Preparation | 115 | ||
| The bill team: its composition and functions | 115 | ||
| Persons with an interest in legislation | 122 | ||
| Preparation of instructions | 125 | ||
| The structure of a legislative proposal | 130 | ||
| Responding constructively to drafts | 131 | ||
| The content of a legislative provision | 134 | ||
| Chapter 6: From Proposals to Provisions | 135 | ||
| Long title and short title | 135 | ||
| The bill’s provisions | 136 | ||
| Enforcement and implementation | 144 | ||
| Multi-purpose legislation | 149 | ||
| Overview provisions | 152 | ||
| Purpose provisions | 153 | ||
| Interpretation | 155 | ||
| Provisions amending other legislation | 160 | ||
| Transitional and saving provisions | 164 | ||
| Commencement or coming into force | 165 | ||
| Extent | 167 | ||
| Chapter 7: Process and Promulgation | 169 | ||
| The introductory phase | 169 | ||
| The deliberative phase | 174 | ||
| The decision-making phase | 186 | ||
| Special procedures | 191 | ||
| Chapter 8: Implementation and Interpretation | 197 | ||
| Commencement or coming into force | 197 | ||
| Subordinate legislation | 198 | ||
| Judicial interpretation | 208 | ||
| Chapter 9: Other Legislatures and Their Legislative Processes | 223 | ||
| Legislative process in the Westminster Parliament | 223 | ||
| European Union legislation | 232 | ||
| Afterword | 239 | ||
| Select Bibliography | 245 | ||
| Index | 247 | ||
| Back Cover | 258 |