Legislating for Wales / Thomas Glyn Watkin ; with Daniel Greenberg.

Format:

Book

Author/Creator:

Watkin, Thomas Glyn, author.

Contributor:

Greenberg, Daniel, contributor.

Series:

The public law of Wales.

Public law of Wales

Language:

English

Subjects (All):

Wales. National Assembly.

Wales.

Wales.-National Assembly.

Physical Description:

1 online resource (285 pages)

Edition:

1st ed.

Place of Publication:

Cardiff : University of Wales Press, 2018.

Summary:

This book analyses and describes the process of law-making for Wales from initial ideas for legislation, through their development into policies and legislative proposals, to final enactment and implementation.

Contents:

Cover

Title Page

Copyright

Series Preface

Contents

Foreword

Preface

Acknowledgements

Table of Cases

Assembly Standing Orders

Table of Assembly Measures

Table of Assembly Acts

Table of Assembly Bills

Table of United Kingdom Acts

Table of Statutory Instruments

Chapter 1: Legislation and Legislatures

Legislation: the word and its meaning

Implications of these meanings

The phases of legislation as an activity

Terminology

The legislative initiative

The authority to enact: deliberation and decision-making

The executive branch of government

The government of the United Kingdom

The history of Welsh devolution

The Welsh Government and the Welsh Ministers

The Civil Service and the Assembly Commission

The challenge of legislating for Wales

Chapter 2: From Ideas to Policy

Legislation, government and the rule of law

The need for legislation

Ideas for legislation

Properly thought through policy

Policy: the word, its meaning and the implications

The action and its consequences

Efficacy and impact

Answering the questions: evidence and analysis

The case for change

Generating options

The preferred option

Chapter 3: From Policy to Proposal

The changes to the law that can be made

Freedom and legislation

Freedom or liberty as the default position

The principle of proportionality

Legal duties

Enforcing legal duties and claim rights

Methods of enforcement

Fundamental legal concepts: the static set

The concept of a legal power

Fundamental legal concepts: the dynamic set

Classifications of legislation

Choices of legislature and of kinds of legislation

Chapter 4: The National Assembly for Wales: Competence and Constraints

Territorial limitations

Subject-matter competence

Enforcement.

Incidental and consequential provisions

General restrictions

Extent

Compatibility with EU law and human rights

Challenges to legislative competence

Secretary of State intervention

Chapter 5: People and Preparation

The bill team: its composition and functions

Persons with an interest in legislation

Preparation of instructions

The structure of a legislative proposal

Responding constructively to drafts

The content of a legislative provision

Chapter 6: From Proposals to Provisions

Long title and short title

The bill's provisions

Enforcement and implementation

Multi-purpose legislation

Overview provisions

Purpose provisions

Interpretation

Provisions amending other legislation

Transitional and saving provisions

Commencement or coming into force

Chapter 7: Process and Promulgation

The introductory phase

The deliberative phase

The decision-making phase

Special procedures

Chapter 8: Implementation and Interpretation

Subordinate legislation

Judicial interpretation

Chapter 9: Other Legislatures and Their Legislative Processes

Legislative process in the Westminster Parliament

European Union legislation

Afterword

Select Bibliography

Index

Back Cover.

Notes:

Description based on print version record.

Description based on publisher supplied metadata and other sources.

ISBN:

9781786833013

1786833018

OCLC:

1061104968