Law Making process

Question 1

What is legislation

Answer 1

Laws and rules made by parliament (arm of the state) assigned the power to make all law applicable in the country

Question 2

What are enacted laws referred to as

Answer 2

1. Acts of parliament
2. Statutes
3. Primary legislation

Question 3

Explain delegated legislation

Answer 3

This is when parliament gives power to ministers or local authority to make laws (subsidiary legislation). Local government in this case can make bylaws applicable in their municipalities.
The lack of technological and scientific know how and expertise and limitations of time which is very important in the modern world has led to the delegation of authority and discretion an unavoidable necessity.

Question 4

What is a bill

Answer 4

A bill is a proposed law brought to parliament by the any member of parliament or the government who wishes to have it passed and added to the law.

Question 5

What are the types of bills

Answer 5

1. Government bills (public bills)
2. Private bills
3. Private member bills (public bills)

Question 6

Why are government and private member bills referred to as public bills

Answer 6

This is because they affect the public as a whole

Question 7

Explain a government bill

Answer 7

A formal proposal for a new/change in the law put forward by the government. It is presented by a government minister

Question 8

What is a private members bill

Answer 8

This is a formal proposal for a new or change in law presented by a member of parliament or the back bench who is not a government minister

Question 9

What is a private bill

Answer 9

Formal proposal for a new or change in law promoted by outside bodies which only affects limited sections of the public. It is presented by a member of the back bench to the National Assembly

Question 10

Outline the legislative process

Answer 10

1. First reading
2. Second reading
3. Committee stage
4. Report stage
5. Third reading
6. Presidential assent

Question 11

Explain the legislative process in detail

Answer 11

1. First Reading
   Minister or member of parliament introduces it in parliament
   No debate at this stage
2. Second Reading
   Presenter gives details on the bills intentions and what it is meant to do
   MP’s begin to debate either for it or against it
3. Committee stage
   The bills is considered by the whole house (rarely) or a specialised selection of committee members
   It is examined in detail, clause by clause
4. Report stage
   The committee that considered the bill reports backs on its proceedings
   Members are free to make further amendments
5. Third reading
   The bill is read to the house
   House has to look at the bill and be satisfied that it has been properly handled
6. Presidential assent
   After the bill has been passed it is presented to the president for signing
   (However if he doesn’t sign in a period of 7 days it immediately becomes law)
   After this it becomes an act of parliament