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
How does the law commission run
*6 steps
1) A topic is chosen
2)Research takes place
3)A consultation paper is issued
4)A final report is issued
5)Parliament considers the report
6)An Act is enacted based on the report
3 Strengths of the law commission
-research is made my legal experts
-many old irrelevant laws are removed
-These laws are codified and are more accessible for the public
3 weaknesses of the law commission
-Theres a failure of parliament implementing reforms
-the government is not bound to consult the law commission before changing the law
-Debates are concentrated more than the legal aspect of the laws
what is delegated legislation
This is when the law is made in documentary format by subordinate authorities acting under law making powers delegated by parliament
what are the types of delegated legislations
-orders in council- privy council and King
-Statutory instruments- health ministers
-By laws- county ministers
an example of when the orders in council took over
the civil Contingencies Act 2004
give a reason as to why the orders in council may run
-during emergencies
what are statutory instruments
These are bodies that have been created by an Act of Parliament
give 3 examples of statutory instruments
ministers of health
ministers of education
ministers of the environment
What are by-laws
These are the local authority bodies created by parliament that give them the power to create local laws that are limited to their particular functions
give examples of where by laws can apply
-parking
-swimming
-parks
-recreation facilities
-control of domestic pets
What act was passed to allow the DL took place
THE ENABLING ACT
what are court rules
these are made in the court rule committee where it applies to courts and their procedures
what 5 reasons are there for delegated legislation
-eases the workload on parliament
-Parliament may not have the expertise and knowledge for that area in law
-allows for more detail to be included in the law
-allows for community participation
-easier to amend these than an Act of parliament , changes can be implemented much faster as they target specified areas
what is the main difference between parliament and DL
- The DL cannot go beyond their power controls and be procedurally wrong
Give a way as to how the DL can be controlled
there’s the need for a public inquiry before the law is passed.
What does the House of Lords delegated powers scrutiny committee ensure
They ensure that bills made by the DL aren’t inappropriate
give 3 reasons as why a statutory instrument may be referred to in parliament
-can give a retrospective view that the enabling act cant
-unclear
-the scrutiny committee does not have the power to forbid them from making those bills
what are affirmative resolution
This means that certain SIs can be approved by parliament
disadvantage of the affirmative resolution
Parliament cannot amend the SI but can only approve or withdraw
what is the negative resolution
This means the SI will be law unless declined by parliament
If an SI is made under the power of the legislative and regulatory reform Act 2006 it can be subject to:
*3 resolutions
NEGATIVE AFFIRMATIVE RESOLUTION- This procedure can be used up until there’s an objection within 30 days
AFFIRMATIVE RESOLUTION- Requires approval from both houses
SUPER AFFIRMATIVE RESOLUTION- Gives parliament more control over the DL
disadvantages of delegated legislation
-undemocratic
-Has too many regulations
-does not leave room for public opinion
-inadequate parliamentary control
List down the judicial controls on delegated legislation
- Judicial review & locus standi
- Procedural ultra vires
- Substantive ultra vires
- Unreasonableness
Procedural ultra vires VS substantive ultra vires
Procedural: A piece of the DL is made without following procedures
Substantive: When the contents of the DL is not within the limits made in the Parent act.
