Law-making - Parliamentary Law-making Flashcards
Who makes up parliament ?
-House of Commons
-House of Lords
-Queen
Explain Green Papers
-Used if Gov are unsure of the details of a law it wishes to introduce
-Gov view put forward with their proposal for the new law.
-Interested parties are then invited to send comments to Gov department.
-Allows for full consideration of views
Explain White Papers
Following a green paper,
-Gov publishes a white paper with its firm proposals for the new law
-Takes into account the views received from the Green Paper Consultation
-If Gov have firm views on a topic, can issue a White Paper without consultation
Issue with white papers without consultation…
-Consultation before any new law is framed as valuable
-Allows for mature consideration
-Gov criticised for responding in a knee-jerk fashion to incidents or a situation and as a result rushing through a law (Dangerous Dogs Act 1991)
Public Bills
Public Bills:
-Most frequent form of bill
-Usually involve matters of a public policy
-Affect whole country or large section of it
-Eg. Constitutional Reform Act 2005
-Eg. Legal services Act 2007
Private Bills
-Designed to pass a Law that will affect only individual people or corporations
-Eg. University College London Act 1996
Private Members Bills
-Introduced by individual MP’s
-Ballot process, 20 Private Members are selected who can take their turn in presenting a bill to parliament.
-Limited time, only first 6 or 7 are heard
-Eg, Abortion Act 1967, Marriage Act 1994
Stages of HOC Bills
1st reading - name and aims of bill
2nd reading - Main debate. Vote at end
Committee stage - Thorough examination of each clause. Standing committee of 16 - 50 MP’s made of those who have a special interest.
Report Stage - Committee reports back to house on amendments or additions.
Third Reading - Final vote on the bill. Mostly a formality. Put forward for royal ascent
Stages of HOL Bills
1st reading - Short title of bill read out, order is made for bill to be printed.
2nd reading - Main debate on Bill. Gov ministers explains and answers questions
Committee stage - Detailed scrutiny of every clause in the Bill. Considered by whole HOL
Report stage - Another opportunity to examine proposals and make amendments
Third Reading - Amendments can still be made as long as they have not been previously discussed
-Bill now passed onto HOC for consideration
Power of HOL
-Power for HOL to reject a Bill limited by Parliament Act 1911 and 1949.
-These allow a Bill to become a law if HOL rejects it, provided that the Bill is reintroduced into HOC and passes all stages again.
Role of The Crown
-Final stage
-Monarch gives approval to the Bill
-A formality
-Royal Ascent Act 1967, monarch only reads short title of Act
ADV of Legislative Process
-law made by elected representatives, Democratic. general election every five years
-Green papers allow for careful consideration
-Lengthy process of passing a Bill allows for heavy scrutinisation
-Under principle of Parliamentary Sovereignty, law cannot be questioned and must be applied by judges
-Gov minister introducing a new Law will have heavy knowledge on area
-In times of emergency a law can be introduced and enacted quickly. Coronavirus Act 2020
DIS of legislative process
-Undemocratic?, HOL unelected, Approval of crown is undemocratic,
-Gov or Parliament do not always have time to deal with all reforms.
-Process of an act can ‘Ping Pong’ between HOC and HOL and so can take several months. ( Consumer Rights Act 2015)
-MP’s not specialists in all areas of legislation. Some pieces of legislation may require more scrutiny than others
