Chapter 3- Law making: parliamentary law making Flashcards
A key principle in a democracy is ?
That laws should be made by elected representatives of society
How are the members of the House of Commons elected?
By electorate.
The country is divided into?
Constituencies- each one of these votes for one MP
There must be a general election every?
5 years
House of Lords is a …-……. Body
Non-elected
Before 1999 there were how many many members of the House of Lords?
1,110
How many members were hereditary peers?
750
Green paper is a what?
Consultative document on a topic in which the governments view is put forward with proposals for law reform.
White paper is a what?
A document issued by the government stating their decisions as to how they are going to reform the law.
Majority of acts of parliament are introduced by who? And drafted by who?
Government and these are initially drafted by lawyers in the Civil service.
What is a Bill?
Draft law going through parliament before it passes all the parliamentary stages to become an Act of Parliament.
Bills are put forward by who?
Government ministers
Private members bills are?
Where individual MP introduces a bill
What is an example of a private members’ bill?
Abortion act 1967
Describe briefly a ballot
Parliamentary process allows for a ballot each parliamentary session in which 20 private members are selected who can then take their turn in presenting a bill.
Describe the Ten-Minute Rule
Backbenchers can also introduce bill by ten minute rule, under which any MP can make a speech of up to ten minutes supporting the introduction of new legislation.
It is rarely successful.
Example of Act of parliament introduced by Ten-Minute rule?
Bail (amendment) act 1993.
Have prosecution the right to appeal against granting of bail to a defendant.
Public bills
Most bills are introduced as public bills into parliament as a matter of public policy as they affect the whole country.
An example of a public bill?
Legal Aid, Sentencing and Punishment of Offenders Act 2012
Criminal justice and Courts Act 2015
Private bills
These are rare and are designed to pass law that affects individuals or corporations.
An example of Private bill?
Faversham Oyster Fisheries Bill 2016
Hybrid bills
Cross between public and private bills.
Government introduces hybrid bills.if they become law they will affect a person or organisation.
Example of hybrid bill
Various crossrail bills which allow for the construction of underground rail links in London which affect the people in the area.
Where are most bills first introduced and why?
House of Commons as it is democratically elected.
Role of House of Lords?
Acts as a check on the House of Commons. All bills go through the House of Lords and they can vote against proposed changes to the law.
What acts limit the power of House of Lords? And what do they do?
Parliament Acts 1911 and 1949.
Allow a bill to become law even if the House of Lords rejects it, provided that the bill is reintroduced into the House of Commons in the next session of parliament and passes all the stages again there.
How long can the House of Lords delay a law up to?
1 year
The principle behind the parliaments is what?
That the House of Lords is not an elected body, it’s function is to refine and add to the law rather than oppose to the will of the democratically elected House of Commons.
What 4 occasions when the procedure of Parliament act 1911 and 1949 have been used to by pass the House of Lords after they voted against a bill?
War Crimes Act 1991
European Parliamentary Elections Act 1999
Sexual Offences (amendment) Act 2000
Hunting Act 2004
Passing of hunting act 2004 caused what challenges?
There was a challenge as to whether the act was constitutionally valid.
The challenge was on the basis that the Parliament Act 1949 could not be used as it had increased the House of Commons power without the agreement of the House of Lords.
It was held that the act merely placed limits on the power of HOL therefore the Hunting act had been enacted validly and was law.
What are the 8 stages of the parliamentary process?
Bill is drafted First reading in the House of Commons Second reading in the House of Commons Committee stage Report stage Third reading in the House of Commons Same procedure in the House of Lords Royal assent
What is the first reading?
Formal procedure where the name of the Bill is read out. No discussion or vote takes place
What is the second reading?
This is the main debate on the whole bill in which MPs debate the principles behind the bill. The debate usually focuses on the main principles and not the smaller details. To speak you must catch the Speakers eye and be called upon to speak. At the end a vote is taken and it may be verbal to which all members of parliament shout ‘Aye’ or ‘No’ to. If it is clear that nearly all members of parliament are in agreement there is no need for a formal vote.
Committee stage
Detailed examination of each clause of the bill is undertaken by a committee of between 16 and 50MPs. This is usually done by a standing committee which is a committee chosen specifically for that bill. MPs nominated for standing committee will usually have a special interest or knowledge for the subject of the bill which is being considered.
Report stage
Where the committee report back to the house on the amendments made in the previous Committee stage. Further amendments may also be added after further debate.
Third reading
This is the final vote on the bill it is almost a formality as a bill has been passed through all the other stages which means it is unlikely to fall at this stage. There will only be an actual further debate on the bill as a whole if at least 6MPs request it.
The House of Lords (parliamentary procedure)
Bill will go through the same 5 stages from House of Commons. If amendments are made in the bill it will go back to House of Commons for them to accept those amendments. Sending from one house to another is referred to as ‘ping pong’.
Royal assent
The final stage of a bill where the monarch formally gives approval to the bill and it then becomes an act of parliament.
Under the Royal Assent Act 1967 the monarch will not even have the text of the bill to which she is assenting she will only have the short title.
When and who was the last refusal to assent.
1707 when Queen Anne refused to assent to the Scottish Militia Bill.
Commencement of an AOP is when?
Comes into force on midnight of that day.
