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Parliamentary Ping-pong
Parliamentary ping-pong is 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. After a Bill has been passed by one House, it is sent to the other House, which can either reject it, pass it with changes, or pass it unchanged. If the Bill is passed with changes, it is returned to the House in which it originated, which considers each new change and can decide: #to agree with some or all of the other House's amendments. #to agree with some or all of the other House's amendments as long as they are changed in a certain way (amendments to the other House's amendments). #t ...
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Palace Of Westminster, London - Feb 2007
A palace is a large residence, often serving as a royal residence or the home for a head of state or another 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 Roman Empire, Imperial residences. Most European languages have a version of the term (''palats'', ''palais'', ''palazzo'', ''palacio'', etc.) and many use it to describe a broader 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. It is also used for some large official buildings that have never had a residential function; for example in French-speaking countries ''Palais de Justice'' is the usual name of important courthouses. Many historic palaces such as parliaments, museums, hotels, or office buildings are now put to other uses. The word is also sometimes used to describe an elaborate building used for public ent ...
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Judicial Review
Judicial review is a process under which a government's executive, legislative, or administrative actions are subject to review by the judiciary. In a judicial review, a court may invalidate laws, acts, or governmental actions that are incompatible with a higher authority. For example, 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 (judicial supervision) 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. The judiciary in United States has been described as having unusually strong powers of judicial review from a comparative perspective. General principles Judicial review can be understood in the context o ...
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Safety Of Rwanda (Asylum And Immigration) Act 2024
The Safety of Rwanda (Asylum and Immigration) Act 2024 (c. 8) is an act of the Parliament of the United Kingdom. The act seeks to deter unlawful migration, particularly by unsafe and illegal routes, by allowing some migrants to be sent to the Republic of Rwanda. It was introduced in the House of Commons on 7 December 2023, by James Cleverly, Home Secretary, passed its second reading on 12 December and passed its third reading on 17 January 2024. The bill was introduced to the House of Lords by Lord Sharpe of Epsom, Parliamentary Under-Secretary of State for the Home Department, passed Committee Stage on 19 February 2024, and passed Report Stage on 6 March 2024. After its third reading in the Lords, the bill returned to the Commons for consideration of amendments, which took place on 18 March 2024. The government disagreed with all the Lords’ amendments. After this, the bill returned to the Lords for consideration of Commons disagreements on 20 March 2024, where the Lords i ...
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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 anno ...
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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 for the law to cease to be effective after a specified date, unless further legislative action is taken to extend it. Unlike most laws that remain in force indefinitely unless they are amended or repealed, sunset provisions have a specified expiration date. Desuetude renders a law invalid after long non-use. 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.Antonios Kouroutakis, "The Constitutional Value of Sunset Clauses" Routledge 2017 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 a ...
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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. I ...
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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 sometimes within a country. 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. The punishments ...
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Human Rights Act 1998
The Human Rights Act 1998 (c. 42) is an Act of Parliament (United Kingdom), 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 mak ...
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Court Of Last Resort
In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of a supreme court are binding on all other courts in a nation and 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. A supreme court can also, in certain circumstances, act as a court of original jurisdiction. Civil law (legal system), Civil law states tend not to have a single highest court. Some federations, such as the United States, also do not have a single highest court. 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 th ...
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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 serving as the final court of appeal for most domestic matters. On 1 October 2009, the Appellate Jurisdiction Act 1876 was repealed owing to the creation of the Supreme Court of the United Kingdom. The House of Lords thus lost its judicial functions and the power to create law life peers lapsed, although the validity of extant life peerages created under the Appellate Jurisdiction Act 1876 remains intact. Lords of Appeal in Ordinary who were in office on 1 October 2009 automatically became Justices of the Supreme Court of the United Kingdom. At the same time, 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 S ...
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Anti-terrorism, Crime And Security Act 2001
The Anti-terrorism, Crime and Security Act 2001 is a British Act of Parliament, formally introduced into Parliament on 19 November 2001, two months after the terrorist attacks in the United States on 11 September. It received royal assent and came into force on 14 December 2001. Many of its measures are not specifically related to terrorism, and a Parliamentary committee was critical of the swift timetable for such a long bill including non-emergency measures. The Act was widely criticized, with one commentator describing it as "the most draconian legislation Parliament has passed in peacetime in over a century". On 16 December 2004, the Law Lords ruled that Section 23 was incompatible with the European Convention on Human Rights, but under the terms of the Human Rights Act 1998 it remained in force. It has since been replaced by the Prevention of Terrorism Act 2005. Part 1 (Terrorist property) Sections 1–3, along with schedules 1 and 100, applied to the finances of suspecte ...
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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 Human Rights Watch considers this practice as violating national and international laws, particularly human rights laws, although it remains in legislation in various liberal democracies. In recent years, governments have indefinitely incarcerated individuals suspected of terrorism, often in black sites, sometimes declaring them enemy combatants – a notable example being the Guantanamo Bay detention camp. Formalized forms of indefinite detention also exist in some countries around the world in the form of government-mandated administrative detention. Views by country While laws that allow indefinite detention are present in many countries, including liberal democracies, human rights groups hold unfavorable views towards the practice. Australia In Australia, indefinite detention is unlawful and violates the ''Co ...
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