Acts of Parliament Flashcards
Facts ref Acts of Parliament
Highest form of law in England
Enacted will of Parliament
Deal with social and economic policy
Features of legislative process
Effective
Efficient
Democratic
Four phase of legislative process
Proposal
Consultation
Drafting
Enactment
Sources of legislative proposal
Government Advisory agencies Pressure groups Individual MPs EU initiatives, treaty obligations, court rulings
Government legislation proposals
Introduce most new legislation - Public Bills
Manifesto content
Routine - finance acts (Budget)
Emergency - Criminal Justice (Terrorism & Conspiracy Act 1998)
Arise from Cabinet discussions
Source - democratically elected, therefore efficient, effective, democratic
Advisory Agencies
standing (permanent) - Law Commission, keeps law under review, recommends reforms
ad hoc Royal Commissions - set up by govt to examine matters of public concern
How do advisory agencies work
expertise - therefore efficient & effective
consultation = democratic
disadvantage - can be ignored by govt
What do pressure groups do
influence via organised lobbying write to MPs contact the media organise marches run campaigns
Regulated following Nolan Committee on standards in public life 1994
Types of pressure group
Cause - Greenpeace
Sectional - TUC, CBI
How do pressure groups work
Inform & assist - enhance efficiency & effectiveness
inform & stimulate public debate
Empower weaker groups in society
Disadvantages of pressure groups
well resourced groups can achieve disproportionate influence
can distort not enhance democracy
How do individual MPs propose legislation
private members bills
Features of private members bills
minor technical not controversial lobbied to propose by pressure groups legislation not dominated by government
Types of bill
Private = personal bills
Public
Features of private bill
affect only one particular area or organisation
Always start in House of Lords
Features of public Bills
intended to affect the whole public
Govt bills sponsored by minister from govt dept
Private members bills from individual MP or Lord
Process for Acts of Parliament
Green paper White paper 1st reading 2nd reading committee stage report stage 3rd stage
repeated in other House
amendments considered
Royal Assent
Features of Green Paper
tentative proposals for discussion consultation documents tentative open ended timescales few firm intentions
Features of White Paper
policy statements
explanations of proposed legislation
firm proposal for implementation
public consultation
Drafting of legislation
drafted by Office of Parliamentary Counsel
drafted into a Bill
increasing in volume and complexity
reduced technicality
hence reduced efficiency & effectiveness - open to interpretation by Courts
Purpose of 1st reading
introduced into the House (usually Commons)
no debate
copies of bill published
Purpose of 2nd reading
debate on general principles
if defeated in vote, the proceeds no further
Purpose of committee stage
detailed examination
clause by clause study
individual provisions altered, overall principles remain
MPs often briefed by interested parties ref amendments they would like
Purpose of report stage
amendments from committee stage are approved or rejected by the whole house
detailed debate
no further amendments allowed
Purpose of 3rd reading
often follows immediately after report stage
short
substantive amendments not permitted
if bill approved, bound in green ribbon and sent to Lords, or red ribbon and sent to Commons
Second house procedure
repeat of same stages in opposite house (usually Lords)
Commons must consider amendments from Lords
send to and fro until agreement (Ping pong)
details ref Royal Assent
only when passed by both Houses receives Royal Assent becomes Act / Statute listed in statute book stays until repealed Head of State (Queen) could technically reject
