Legislative Competence Command Paper

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Legislative Competence
Name
Institution

(a) Legislative Competence
Legislative competence is the ability and the capacity of an institution or a body to make laws in accordance with the legal authority it possesses. Further, it involves all activities from the formulation to the creation of the laws and rules and includes the authority to change, promote or monitor the application of the created rules/laws. The legally competent institution observe all levels of the promotion and monitoring critically to ensure effective implementation and application of the laws. The levels range from the local to the national level and may involve the development and codification of the international law regarding its areas …show more content…

The Assembly will apply the reserved model in accordance with the law, and thus the devolution of different aspects will be aligned with its legislative competence. All sectors or things that are not reserved in the country will be devolved and the Assembly will have the authority to create laws that govern such areas. Moreover, the Assembly will acquire additional powers in the devolution of sectors such as the transport, energy, and the environment sector. Executive powers initially maintained by the Wales’ Secretary of State will be bestowed upon the Assembly. Additionally, the command paper recommends the extension of Assembly legislative competence powers to include fully-fledged legislature on matters of devolution. More powers will be added on the legislative competence of the National Assembly of Wales as presented in the command …show more content…

Gillespie, A., & Weare, S. (2015). The English Legal System. Oxford, United Kingdom: Oxford University Press.
Great Britain Parliament House of Commons; Welsh Affairs Committee; Great Britain Parliament House of Commons. (2010). Proposed National Assembly for Wales (Legislative Competence) (Housing and Local Government) Order 2010, relating to sustainable housing : sixth report of session 2009-10 : report, together with formal minutes, oral and written evidence. London: Stationery Office.
HM Government (2015) Powers for a Purpose: Towards a Lasting Devolution Settlement for Wales, February, Cm. 9020.
Legislation.gov.uk. (1998). Legislative Competence: Scotland Act 1998. Retrieved from Legislation.gov.uk: http://www.legislation.gov.uk/ukpga/1998/46/section/29
The Supreme Court. (2015). The Supreme Court. Retrieved from The UK Supreme Court: https://www.supremecourt.uk/results.html?q=Agricultural%20Sector%20%28Wales%29%20Bill%20%E2%80%93%20Reference%20by%20the%20Attorney%20General%20for%20England%20and%20Wales%202014
Thirlway, H. W. (2014). The sources of international law. Oxford, United Kingdom: Oxford University

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