Law making: parliamentary law making Flashcards
Where do bills start?
Bills can start in either of the two Houses, the House of Lords or the House of Commons. Both Houses have set stages to debate, examine and suggest changes to the draft. Both Houses must agree the final text of the bill before it can be signed off by the monarch (Royal Assent) and become an Act of Parliament (law)
what is the formal legislative process?
Once a bill has been debated and then approved by each House of Parliament, and has received Royal Assent, it becomes law and is known as an act. Any Member of Parliament can introduce a bill. Some bills represent agreed government policy, and these are introduced into Parliament by ministers
Green papers:
GREEN PAPERS set out for discussion, proposals which are still at a formative stage.
White papers:
WHITE PAPERS are issued by the Government as statements of policy, and often set out proposals for legislative changes, which may be debated before a Bill is introduced. Some White Papers may invite comments.
The process of introducing a new bill:
First reading: The bill arrives in the Lords. This stage is a formality where the bill name is read in the chamber
Second reading: The main debate on the purpose and key areas of the bill. At this stage members discuss any concerns or specific areas where they think changes may be needed. There are usually no votes (divisions) at this stage
Committee stage: Detailed line-by-line scrutiny of the text with amendments (suggested changes). Members start at the front of the bill and work through to the end. Votes may take place to decide whether to make the changes. Any member may take part and there is no time limit
Report stage: A further opportunity to examine the bill and make changes. More amendments are debated and further votes take place to decide whether to make the changes
Third reading: A ‘tidying up’ stage, aiming to close any loopholes. A final chance for amendments and votes
Consideration of amendments: If the Lords has made changes to the draft law, it is sent to the Commons to agree. The Commons may accept the Lords change, make its own change in its place, or reject it. Any Commons changes are sent back to the Lords. There may be several rounds of this process, known as ‘ping pong’
Royal Assent: When both Houses have agreed the text, the bill is approved by the monarch and becomes a law or ‘Act of Parliament’
Influences on parliament:
-government policy (their manifesto)
-EU law
-MPs
-law reform commission
-pressure groups such as Just Stop Oil
-media i.e. XL bully ban
-Impact on public
What is parliamentary supremacy?
Parliamentary sovereignty is a principle of the UK constitution. It makes Parliament the supreme legal authority in the UK, which can create or end any law. Generally, the courts cannot overrule its legislation and no Parliament can pass laws that future Parliaments cannot change. Parliamentary sovereignty is the most important part of the UK constitution.
Limitations:
The EU can pass any law that applies to the UK alongside treaties, the Human rights act and Scottish Parliaments etc…
What are the advantages of parliamentary law making?
accountability - media, prevents corruption
increased representation- interest groups and public opinion can help ensure that the voices of different groups are heard in the legislative process
expertise - interest groups have specialised knowledge and expertise on certain issues
flexibility- can help shape the policy agenda in response to changing circumstances or emerging issues.
What are the disadvantages of parliamentary law making?
Political polarisation: Political parties and interest groups can become highly polarised, making it difficult to reach consensus on important issues
Media bias: The media can be biased or sensationalistic in their coverage, which can distort public opinion and lead to policies that are not based on sound evidence or analysis.
special interest influence represent narrow or self-interested viewpoints, and may not reflect the broader public interest. This can lead to policies that benefit a few at the expense of the many
