1. Parliamentary law making process Flashcards
What do we have in the UK?
An unwritten constitution
What is one of the main principles of our legal system?
That the laws of our country should be made by elected representatives of society
When are MPs elected?
Every 5 years
Which act enforces MP elections every 5 years?
Fixed Term Parliament Act 2011
How many people in HofL as of 2016?
-692 life peers
-91 hereditary peers
-26 senior bishops in church of england
What are facts of the house of lords?
-Hereditary/life peers
-non elected
-check and amend proposed laws
What is the monarchs role in law making?
-Ceremonial
-Royal assent required for bill to be law
-Queen sign bill and then act of parliament display royal crest
-also known as head of state
What is a bill?
Proposed act of parliament or proposed changes to a current act, that has been drafted and published.
What are the qualities of a private members bill?
-introduced by MPS or Lords that are not government ministers
-purpose to change or make laws
-very few become act
-not much time for hearing
heard through: by ballot, by ten-minute rule
What are the qualities of a public bill?
-Involve matters of public policy that effect a whole country or large proportion. E.g police and ciminal evidence act 1984
What are the qualities of a private bill?
Limited in number and designed to pass a law that will only affect individual/corporation. promoted by organisations or local authorities to give powers beyond general law.
What is in the pre-legislative procedure?
-green paper
-White paper
What is the aim of the green paper
-Stimulate discussion
-First step to changing a law
-Allows people inside and outside parliament to give feedback and suggestions
What is the aim of the white paper
-Forms basis of draft legislation and will direct those to draft bill
-Allows for further feedback before presenting as a bill
What happens in draft bill?
Proposals drafted by government lawyers into formal draft bill, then published
What happens in first reading?
name, aim and purpose of bill read out, no discussion but vote if should progress
What happens in second reading?
MPs debate main principles behind bill rather than small details. To speak MP must catch eye of speaker and noone speaks without being called. Vote taken at end
What happens in committee stage?
Examine each clause, by a committee of 12 to 50 MPs, if involves finance then HofC will entirely form standing committee
What happens in report stage?
Standing committee report to HofC upon amendments. HofC vote on amendments. “safeguard against a small committee amending a bill against wishes of the house”
What happens in third reading?
Final vote upon bill takes place, a formality because unlikely bill will fail
What happens in other house?
Progresses to other house and goes through same 5 stages. Ping ponging is process of sending amendments back and forth
What happens in royal assent?
The monarch formally approves bill and it becomes act. Formality as monarch only sees short title
what happens in commencement of the act?
Follows royal assent, act of parliament will be coming into force at midnight.
Why were parliament acts made?
until early 20th century HofL had power to stop legislation, this arrangement pressurised after they refuse pass david lloyd-georges peoples budget 1909. This resulted in parliament act 1911, removed veto powers but extent up to 2 years
1949-reduces to 1 year
What is the sentence we remember? (GWDFSCRTOR)
-Green
-Winged
-Dragons
-Fly
-Slowly
-Clockwise
-Round
-The
-Old
-Ruin
What are the advantages of the legislation process?
The process upholds the rule of law - The law should be fair, certain and represent society. Bill is scrutinised. Public are consulted.
The legislative procedure is intensely scrutinised - Consultation at each stage. Plenty of time for amendments. Scrutinised by both houses - not just one, debates also televised
Process is conducted by democratically elected people - HofC is democratically elected and they have more power than HofL. Represents views of society. Parliamentary sovereignty upheld
What are the disadvantages of the legislation process?
Acts of parliament complex and lack clarity- use complex language, doesn’t uphold the rule of law because people don’t know the law. Requires judge to interpret it, so done differently
Time consuming - Takes months, years to pass act. Could be out of date when passed
Process is undemocratic - HofL is unelected and stereotypically upper class, privately elected. Not representing society
