Legislation and Regulation (Was: Re: Umbridge's Great Success as a DADA Teacher)

[feetmadeofclay]

No: HPFGUIDX 77371


> > Golly: English Common law requires that the justices be a self-
administered body distinguished from the legislative and the 
executive arms of government.  Fudge may repesent the excutive, 
Arthur's job may represent the legislative since we know he writes 
laws even if he  doesn't pass them.  I get the feeling bureaucrats 
like Arthur write  the laws, Fudge's team looks them over and they 
are sent directly 
> to the Queen for official signing.

TM Sommers: 
> > The Queen has nothing to do with wizarding law.  The decrees 
> emanating 
> > from the Ministry were signed by Fudge, not the Queen.  And note 
> that 
> > they were decrees, not laws passed by a legislature.

GOLLY: 
> Not necessarily.  They are not called laws.  They are decrees...  
Decrees may be nothing more than regulation... They are not stated 
to be bills or laws.  Her majesty's executive has the power to 
institute regulations without going through the parlimentary 
process.  Essentially there are laws on the books that gives the 
executive such power 
to create such enforcable regulations. 

Many have a problem when the executive uses this power to bypass the 
ordinary legislative system.  There is always an outcry if the 
regulations are considered to be too opressive or important not to be 
introduced as law in the House.

TM Sommers:
 It is quite clear from the books that the MoM is not connected 
at all with the rest of English government.  The reports in the 
Prophet indicated that some people were shocked that Fudge had told 
the PM of Sirius's escape.  Obviously, the PM is aware of the 
existence of the wizarding world, but that must be a very closely 
held secret-- the 30-year rule does not apply.  Go back as far as you 
like and you won't find a single reference to it in the PRO.  If he 
was aware of it, then they have to be connected someway. 

GOLLY: 

It says only that the PM is not intimately involved in the going ons 
in the WW.  It does not mean that they are not connected.  The very 
fact that on an important matter the MoM felt the need to connect up 
with PM is important in my book.  They at least work together on some 
things. 

It may merely be an autonomous form of self government.  Hardly 
unheard of in the Commonwealth.  In fact, Canada is flirting with 
such ideas with Quebec.

To make a parallel... Quebec has power over many issues that are 
 generally of federal jurisdiction like immigration. The MOM may be a 
more extreme version of that.

Golly