Types of legislation
Under Hokorian law, there are two types of legislation:
- Primary legislation (Statutes)
- Secondary legislation (Statutory Instruments)
Primary legislation
Primary legislation is any legislation that is not dependant on any other body. A statute is a law that has been made by the Representative Council (of the Hokorian Assembly).
When a law is passed by the Assembly and given royal assent by the Koru, it becomes an Assembly Act.
Secondary legislation
Secondary legislation is any legislation that has been made by a separate body, using powers delegated to them in an Act.
These statutory instruments allow Ministers or other specified Government officials to create law on matters specified in an Act, in accordance with the terms set out in the Act.
Executive Orders are a type of statutory instrument.
How law is made
Law is typically drafted as a Bill to enact a new law by a Representative Councillor, and then proposed to the Representative Council for scrutiny, improvement and checking.
Once the Speaker feels that the Bill has had enough scrutiny to be voted upon, and all authors agree, it may be voted upon by the Council. Once passed by a majority of the Council, it is presented to the Koru in order to receive royal assent.
The Koru will typically ask the Government to set out how the Act will be brought in, and will set out a date when the Act will become applicable.
Changing law
Representative Councillors may present draft amendments as a Bill to the Council. Draft amendments follow the same procedure as a new law.
Where a change is minor, and to correct mistakes in the law without changing the meaning of the law in a drastic way, the Council may request that the law is amended by the Koru.
Repealing law
Representative Councillors may present a Bill to repeal an Act. Bills to repeal an Act follow the same procedure as a Bill to enact a new law.
Once given royal assent, the Koru will typically ask the Government to set out how the Act will be repealed, and will set out a date when the Act will be no longer applicable.
The Koru and the Assembly
The Koru is officially the leader of the Assembly, with their powers to moderate the Representative Council being delegated to a Speaker. As the leader of the Assembly, the Koru themselves is not subject to any Assembly Acts or statutory instruments.
Royal assent
All Assembly Acts require royal assent, meaning that they need to be approved by the Koru before becoming applicable. The Koru may refuse to give their assent to an Assembly Act.
Executive Orders
Executive Orders are a power of the Koru. In special circumstances, the Chief Advisor and wider Government may issue them.
As well as many other uses, the Koru may issue an Executive Order to enact, change, or repeal any law without it being passed by the Representative Council.
