Legislation Flashcards
What is the main law making body in England?
Parliament
How many pieces of legislation are passed annually?
60/70
What 2 houses are in parliament?
House of Commons and House of Lords
What 2 things come under the pre-legislative procedure?
Green paper & white paper
What is green paper?
Issued by the minister within responsibility for the matter. Topic in which governments views and proposals are put forward
What is white paper?
Green paper published by the government and has firm proposals for the new law
What are the 3 types of bills?
Private members bill, private bills, public bills
What is a private members bill?
Introduced by an MP rather than a government minister, 20 MP’s are selected to present their bill in house of commons, debating time is limited. Speeches up to 10 minutes
What is a private bill?
Intended to affect one particular area/organisation (University College London Act 1996 was passed to combine 2 schools of medicine with UCL)
Where does a private bill always start?
House of Lords
What is a public bill?
Intended to affect the public as a whole. Most government bills fall into this category. Introduced to parliament by relevant government minister, MP’s vote with their party not as individuals
What are the stages of an act being created? (9)
Bill is drafted, first reading, second reading, committee stage, report stage, third reading, same procedure in house of lords, royal assent, new act passed
What is the first reading?
Letting MP’s and the public know about the proposed legislation. Name of bill and main aims read out
What is the second reading?
Explaining the purpose of the bill, main debate on principles behind the bill, if there is a majority vote then it proceeds to next stage of the process
What is the committee stage?
Looking at the details of the bill, between 16-50 MP’s is the standing committee who are specifically chosen at this stage. Informal environment than house of commons and is easier to debate
What is the report stage?
Further consideration and changes by the house of commons, amendments to clauses of the bill that have been voted on at committee stage are fed back to house of commons. IF NO CHANGES THEN THIS STAGE IS MISSED
What is the third reading?
Overall examination of the bill, final vote. Unlikely a bill will fail at this stage, only a further debate if at least 6 MP’s request it
What is the house of lords stage?
Can happen in house of commons if started in house of lords. Goes through the same process. HOUSE OF LORDS IS LIMITED BY ‘PARLIAMENT ACTS 1911 & 1949’ IF A LAW IS REJECTED BY HOUSE OF LORDS THE BILL IS STILL REINTRODUCED IN HOUSE OF COMMONS
What is the Royal Assent stage?
Final stage where monarch formally gives approval. ‘Royal Assent Act 1961’ says monarch will only have a short title, not the whole text of the bill
What are some of the main criticisms of the legislative process? (5)
Language is complex, acts are over-elaborated as draftsmen try to provide for every situation, difficult to find relevant sections, not easy to trace all acts, difficult to know whether acts have been implemented
