LAW MAKING

Question 1

ACTS OF PARLIAMENT

Answer 1

Made by Parliament, which is made up of House of Commons (elected MPs), House of Lords (non-elected peers), and the monarch.

Question 2

GREEN & WHITE PAPERS

Answer 2

Green papers - Intention to change the law, published on the internet for the public to comment on, also distributed to interested parties
White papers - Next stage, positive proposal on the format the new law would take. Includes changes made after feedback to green paper.

Question 3

BILLS

Answer 3

Public bills - Involves matters of public policy, affects most/all of the country. E.g. Juries Act 1974
Private members’ bills - Sponsored by individual MPs, with matters of their concern. E.g. Abortion Act 1967
Private bills - Intended to affect individual people or corporations. E.g. University College London Act 1996

Question 4

LEGISLATIVE PROCESS

Answer 4

First reading - Title of the proposed bill is read to the House of Commons
Second reading - First opportunity for MPs to debate the bill. At the end, Commons votes on if the bill should proceed.
Committee stage - Detailed examination of the bill wherein every clause is agreed to, changed or removed in accordance with debates in the first two readings
Report stage - Any proposed amendments are reported back to Commons and voted on
Third reading - Final chance for MPs to debate the bill - no amendments can be made, just a vote to accept or reject bill as it stands.
House of Lords - Bill goes to House of Lords, where a similar process occurs. If they alter anything, bill ‘ping-pong’s back to Commons
Royal Assent - When agreement is reaches between Lords and Commons, it’s sent to the monarch for their assent. When the monarch approves the legislation, it can be imposed

Question 5

UK CONSITUTION - PARLIAMENTARY SOVEREIGNTY

Answer 5

Parliament can override any custom, judicial precedent, delegated legislation, or prior act of parliament.
Dicey:
- Parliament is sovereign and can make or unmake any law
- No parliament can bind another, no act is entrenched like in the American Bill of Rights
- No Act can be challenged by court or its validity questioned. Only via Judicial Review.
HOWEVER:
- Challenge by EU law
- Human Rights Act 1998 - if a law challenges human rights, judges MUST send it to parliament to be changed
- Devolution impacts sovereignty

Question 6

UK CONSTITUTION - RULE OF LAW

Answer 6

Dicey:
- No sanction without breach
- One law should govern everyone, everybody is equal before the law
- Rights of individuals are secured by judges
Example of breach - Conservative MPs proposed to ignore a ruling by the European Court of Human Rights to deny prisoners the right to vote
Example of upholding - Constitutional Reform Act 2005 recognised importance of the rule of law and judiciary

Question 7

UK CONSTITUTION - SEPERATION OF POWERS

Answer 7

Montesquieu - 3 functions of the state: Legislature, Judiciary, Executive
Executive = Government, the PM and their cabinet
Judiciary = Judges
Legislature = Parliament
Used to be overlap bewteen the judiciary and parliament, because the House of Lords was a legislative debating chamber as well as being the highest appeal court. Constitutional Reform Act 2005 created the Supreme Court to replace House of Lords