Law Making Process Flashcards
government is made up of 3 parts
legislature
executive
judiciary
what is legislature? (parliament)
Has the responsibility for checking existing laws and creating news ones.
what is executive? (monarchy)
Monarchs made laws until the late 17th century (thinking they were subject only to God not law) causing conflict over supremacy, leading to civil war. Parliament later asserted its dominance through a bill of rights.
what is judiciary? (judges/magistrates)
Judges follow Parliament’s laws but can create judge-made law when necessary. Most UK laws are made by Parliament, reflecting democratic principles.
two houses of Parliament
house of commons
house of lords
house of commons
Members of the house are elected by voters in 650 constituencies every five years. majority party (Conservatives) forms the gov and play a key role in creating laws, but MPs from all parties, eg. the opposition and backbenchers, participate in the process.
house of lords
The House of Lords consists of non-elected members, including hereditary and life peers. In 1999, reforms introduced nominated and elected members, removing automatic entitlement based on inherited titles.
similarities of the two houses of parliament
differences of the two houses of parliament
what is separation of powers?
major institutions of the state should be separate and no individual should have powers in more than one of these offices because it prevents the concentration of power, promotes accountability, and safeguards individual liberties through checks and balances.
government policies/law come from?
new law
changing existing law
policy ideas
Political parties (e.g. Conservative, Labour, Lib Dems, Green)
Individual politicians
Voluntary organisations
Public opinion
Petitions
Response to current affairs (e.g. Coronavirus, equal pay, terrorism)
law creation stages
Green Paper
White Paper
Draft Stage
First Reading
Second Reading
Committee Stage
Report Stage
Third Reading
Other House
Royal Assent
green paper
The document presents proposed law changes, inviting public input and debate through meetings and consultations outside government.
white paper
draft bill of formal proposals to present to Parliament
draft stage
Draft stage allows final Bill changes before Parliament; informal steps remain integral.
first reading
formal introduction of bill to Parliament
second reading
bill is debated in Parliament
committee stage
Bills are scrutinized line-by-line in Committees (16 to 50 members) including specialists in the relevant field.
report stage
MPs debate, amend the Bill, take final vote
third reading
After amendments, the Bill is reread in its originating house for a short debate focusing only on its content, leading to a final vote on approval.
other house
After passing through one house, amendments are typically made in the other house, leading to a back-and-forth process until both houses agree on the final version of the Bill.
royal assent
After thorough consideration by specialists and the legislative process, the Monarch’s royal assent, often given by the Lord Chancellor, is a formality, signaling agreement with the Bill.
types of bills
Private members Bills
Public Bills
Private Bills
Hybrid Bills
private member bills
Besides government ministers, individual MPs from any party can present Bills, though few succeed. eg. the Abortion Act 1967, which made significant legal changes.
two ways private member bills can be introduced
by ballot: Twenty private members are selected to present Bills via ballot, but only the first six or seven are likely to get a full debate due to time constraints.
through the ‘ten-minute’ rule: MPs can speak for up to ten minutes in support of new legislation, but success is rare without opposition.
example of private member bill through the ‘ten-minute’ rule
Bail (Amendment) Act 1993 which allowed prosecution right to appeal bail being granted to a defendant
public bill
Bills concerning general public policy affecting the whole country or most people (majority of bills)
private bill
these Bills affect a small proportion of society eg. certain individuals or a corporation (less common)
hybrid bill
cross between Private and Public Bills. They concern specified individual but can affect the general public.
