Introduction Flashcards
Law making
Parliament makes sure no one is above the law, not even the monarchy
- made in three parts: house of commons/lords and monarch
Law can’t be common law until it is signed by the monarch
Can’t be kicked out of HOL unless you break the law
Constituency
area MP looks after
Structure of parliament
Bicameral (2 chamber legislature - HOC and HOL). Housed at the palace of Westminster which is an officially designated royal residence
House of Lords (upper house)
- about 1000 members, not fixed
- appointed for life (life peers)
- mixture of party members - Gov and Opposition are mirrored in the Lords, ‘crossbenchers’ who didn’t sit w/ parties, 26 archbishops and bishops of C and E and 92 elected ‘hereditary’ peers
- King performs the state opening of parliament here
- can delay bills from becoming law, but can’t prevent bills from becoming law
Bill - proposal for new law
Bill
proposal for new law
House of Commons (lower house)
Most important (reviewed from time to time)
- 650 elected members
- elections must be held every 5 yrs
- members represent parties and the PM cabinet are usually members
- source of all primary legislation and Acts of Parliament
Primary legislation - law passed by parliament, act of parliament
- can override the Lords in cases of disagreement
Sovereign power - no other authority higher than parliament, not even the courts or King
Primary legislation
law passed by parliament, act of parliament
- can override the Lords in cases of disagreement
Sovereign power
no other authority higher than parliament, not even the courts or King
Parliamentary sovereignty
power of parliament to make law on any matter it pleases, it can’t be overruled by courts and there is no higher authority
Power of the King
- can appoint or dismiss the PM
- King appoints whoever wins, but the law says the PM must be invited to form a gov to the King (to be formally recognised as the PM)
However, the King is allowed to decide he wants to change the PM - has to sign and approve all Acts of Parliament
- formally open new parliamentary yr and read a speech written by the PM on govs plans for coming yr
King isn’t allowed in HOC
Influences on parliament
- political influence
- public opinion/media
- pressure groups and lobbyists
Political Influence
- general elections are usually held every 5 yrs (can’t be more than 5 yrs)
- in the election campaign, the political parties will publish a list of policy ideas that will implement if elected to power (manifesto)
- the party w/ the most seats in the HOC forms the government (if they have more than half the seats = majority can lead the country on their own) if not enough they can use a smaller party to form a coalition - mix of both parties
- the current gov is a conservative gov. This means that the conservatives have a majority of seats in the HOC, led by the PM,
Rishi Sunak - the King formally opens a new session of Parliament each yr in which she reads out a speech written by the PM, the ‘King’s Speech’ sets out the govs priorities over the coming yr
Public opinion/media
- govs will sometimes make changes to the law if there is strong public opinion about e.g. Abortion Act 1967 (legalisation of abortion), Hunting Act 2004 (ban using dogs to hunt and kill foxes)
- more likely to do this when a general election is imminent e.g. gov trying to ban disruptive protests or trying to restrict the right to strike
- media (newspapers, tv, social media, radio, internet etc) can also play a major part in influencing Parliament e.g. recent ‘animal sentience’ - the fact that animals can feel pain, mainly about the transportation of animals/killing if animals provision in the EU withdrawal bill
Pressure groups and lobbyists
pressure groups - group of people that a particular interest (represent a cause), divided into:
Sectional group - promote a particular section of society -> Law society (solicitors), British Medical Association (doctors)
Cause groups - promote a particular cause -> Greenpeace League against cruel sports
Some individuals/groups attempt to persuade MPs to support or promote a particular cause, this is ‘lobbying’ to usually take place in the lobbies of Westminster, where the public have access to MPs
A&D of political opinion
A -> Each political party has its proposals for reform ready so that, if they are elected as the gov, they and the electorate know what they wish to do. Also the fact that the gov has a majority in HOC means that virtually every law it proposes will be passed. In this way the gov is reflecting the majority of the electorate.
D -> If a diff party is elected at the next general election, they may decide to repeal or alter some laws that the previous gov passed.
When the gov has a small majority it may be restricted in what laws it can propose. In particular when there is a coalition gov (two parties join to make the majority of MPs in HOC) then there will have to be a compromise on what policies are followed.
This happened in the Coalition Gov 2010-15
A&D of public opinion
A -> Can be affected by a specific event and these may also play a role in formulating the law.
The UK has a free press, this is an advantage as members of the press are able to criticise gov policy or bring any other issue to the attention of the gov.
Comments on social media can be made as soon as an issue has come to light, this allows the gov to consider a law while it is fresh in the public consciousness.
D -> The gov may respond too quickly to high profile incidents. This can lead to law being created too quickly and not thought out, so the law is poorly drafted e.g. Dangerous Dogs Act 1991 where the wording in the act led to many disputed cases.
In some cases it can be argued that the media manipulate the news and create public opinion.
A&D of Pressure groups
A -> Pressure groups often raise imp. issues, environmental groups have made the gov much more aware of the damage being done to our environment. Some pressure groups have large memberships that can exceed those of political parties, there pressure groups, such as charities, the AA or the National Trust can raise an issue of concern to a large no. of ppl.
D -> May not always be looking for things that are in the interest/benefit of everyone.
There are also occasions when two pressure groups have conflicting interests and want opposing things.
A&D of lobbyists
A -> Direct contact with politicians
It is a system that can be used by anyone (individuals and large organisations)
D -> Won’t make a difference a lot, if what you want is against their party they can’t disobey the party policy. Using professional lobbyists can lead to an abuse of the process. This was especially seen when MPs were paid to ask questions, it means that financially successful businesses or other organisations have more influence than ordinary members of the public.
Bill
formal proposal for a new law, hasn’t yet been passed as law
How a bill becomes a law?
each gov minister is responsible for a specific department and is assisted by a team of civil servants and special advisers
Green Paper
when the new law is proposed a green paper is issued.
- This is a consultative document outlining the govs proposals, inviting interested groups to send in comments
White paper
Once all of these comments/changes have been considered, the department may then publish a white paper. This sets out the govs firm proposals
(sometimes this process is skipped and it goes straight to draft legislation, this is sometimes criticised as hasty)
Legislative stages in HOC/HOL - 1 2 C R 3 F
1st reading
2nd reading
Committee stage
Report stage
3rd reading
Final stage - role of the crown
1st reading
where the minister responsible reads out a proposal in HOC/HOL but there is no debate/discussion, it is then published and distributed to MPs to read. Get 2 weeks to read it.
2nd reading
minister comes back and opposition will debate the rights/wrongs, debate is only about overall idea not about detail, at end of debate there is the first vote, have two lobby’s to vote gov = aye lobby, opposition = no lobby
Committee stage
most detailed part of process, committee made up of MPs, gov always have a majority of seats in the committee (50 members), go through bill line by line and word by word to help suggest changes and amendments
Report stage
minister will read after it has come from committee and it will be read out, not needed if there are no changes
3rd reading
final change for MPs to discuss details in the bill, last chance for ordinary MPs to put forward their own proposals
Final Stage - The role of the Crown
final stage = Royal assent, becomes law at midnight
End process
Vote is done and then goes to the HOL
House of Lords - same process happens in the HOL and HOC, if it starts in one it needs to go to the other
Different types of bills
Acts of parliament (statutes)
Private members’ bills
Acts of parliament
- Official gov proposal for a new law (Act of Parliament)
- Will be handled by the relative department
- Drawn up by civil service lawyers known as ‘draftsmen’ or ‘parliamentary counsel’
- Must accurately represent the govs wishes, but must also be legally accurate
- Introduced in parliament by the relevant minister
Private members’ Bills
- Can be introduced by any MP or Lord from any party as long as they are not government ministers
- Selected either by: ballot or ten minute rule (speak about if for 10 mins)
- Time for debate is restricted
- Most don’t pass
- Occasionally the gov might look at private members bill (abortion and ban on fox hunting with dogs were legalised in this way)
- Most of ‘public bills’ as they involve matters of public policy (affects everyone) e.g. Abortion Act 1967, Marriage Act 1994 - can get married wherever e.g. hotel
Other types of bills
private bills
hybrid bills
Private Bills
Bills that can only affect individual people or corporations, rather than the public at large
Hybrid Bills
Cross between a public and private bill
Where gov initiative affects particular people, organisations or places
Role of HOC
- Members of parliament are elected by the ppl, most bills are first introduced here
- Once the bill has cleared the diff stages in the HOC, it then moves to the HOL
Role of HOL
- Members are appointed, not elected, so they have less power than HOC
- Every bill must also pass through HOL
- Lords can suggest amendments, reject a bill/delay it for up to one yr, but they can be overridden by HOC using the Parliament Acts of 1911 and 1949
How long does it take for new laws to be enforced?
Once granted Royal Assent, Acts of Parliament comes into force at midnight the same day, however sometimes a bill can become a law but is still not enforced/in practice till about a yr after
Who is commencement date issued by?
Commencement date is issued by the responsible minister - this is the anticipated time by which the Act can be implemented in practice. Civil servants will need time to get the Act up and running anyway
Heads of Bill
description of what a bill is
Lords Spiritual
26 of the most senior (Church of England) bishops that sit in the Lords
Lord Temporal
essentially everyone else, peers or lords who are appointed for life
Hereditary peers
92 inherited their seats from their father
