Chapter 4- Legislation, law making Flashcards
What is a bill
The proposed law
What are the main functions of the parliament
-Make laws
-providing a forum for actions of the government may be publicly scrutinised
-deals with public finance - an act of parliament being made raises money.
Types of bills:
Public bill- Involves the public majority and it could be the whole country or a large section of it. Most government bills are here.
Private bill-laws that will only affect individuals or corporations
Hybrid bills- these are public bills but only apply to private interests
Green paper VS White paper
A green paper is a consultative document on a topic which the government has proposed.
After that a white paper is issued AFTER the green paper with firm views on the topic
what is the House of Lords composed of;
-92 hereditary peers
-660 life peers
-26 most senior bishops
(Not elected)
What is the HOC composed of
Members of parliament (elected)
What is the ten-minute rule
Backbencher MPs can request a bill to made and are given up to 10 minutes to state a speech of this new introduction.
a bill can take place in either the House of Lords or House of Commons: TRUE OR FALSE
TRUE
DRAFTING THE BILL:
-Here the bills are made by lawyers
-the Bills aims should be precise and clear
- 20 MPs are picking from a BALLOT and presenting a bill for 20 minutes while an individual
MP takes 10 mins
-there are 2 types of bills; public and private
FIRST READING:
Here a formal procedure, where the name and aim of the bill are read out
SECOND READING :
-This is the MAIN reading of the bill and debates take place here
-The speaker leads the debate and at the end there is a vote
- a majority vote will allow the bill to proceed
COMMITTEE STAGE :
-Here MPs will be chosen (around 16-50 MPs)
-They will be required to make detailed research on each clause
-here amendments, corrections and cons & pros
REPORT STAGE:
-Amendments done by the committee stage are presented to the entire house
-Amendments are debated and voted on, whether they should’ve been added or not.
-New amendments can even be added!
- This is to ensure fairness in this process as not all MPs were chosen in the committee
THIRD READING:
-This is the final vote on the bill
-It is unlikely that there can be another debate on it however in the HOC if up to 6 MPs request it, there can be a further debate
-HOL can make amendments here
THE HOL:
-If the bill started from the HOC then it is taken to the HOL where it undergoes all the 5 stages again
-the HOL cannot oppose a bill but only refine it
-if the HOL creates new amendments then the HOC will have to accept them
ROYAL ASSENT :
-The final stage just requires the monarch family to give its approval to the bill and it becomes an Act of Parliament
Disadvantages of the legislative process
- language is complex
- over elaborate
- acts are structured poorly
- a very long process
- lack of accessibility- new legislation is often not satisfied
- Public demand exceeds the amount of bills made per year
What does parliamentary sovereignty mean
*Dicey’s views
This means:
1- Parliament can make any law it wants
2-No parliament is bound by the previous parliament that sat before them. Laws made by the previous parliament (5 years ago) does not have to apply (5 years later)
3- No other body can contradict the parliament!
Advantages of the legislative process
1- participate of society in the law making
2- The public can have indirect participation through their chosen MP
3- makes laws according to social needs
4-brings about unification of common law and statutory rules by way of codification
what are the influences on parliament
-Political pressure
-media
-public opinion
-pressure groups
what is the exact role of the law commission
They consider laws that are in need of reform
- Consolidation: How several provisions are placed into One whole Act e.g Theft Act
- Codification: Brings in the law of a topic into one single law e.g Murder
what are the intentions of the law commission
- enhancing justice
- legal system becoming efficient
- ensuring independence
composition of the law commission
a chairman
4 other commissioners
parliamentary draftsmen
why the need of a law commission
To reflect the changes of societal values
