Legislative Process/UK Constitution

Question 1

How a Bill Progresses through Parliament

Answer 1

1) First reading
2) Second reading
3) Committee stage
4) Report stage
5) Third reading
6) House of Lords
7) Royal Assent

Question 2

First stage of a bill

Answer 2

Title of Bill read out, acts as notification to the HofC.

Question 3

Second Stage of a Bill

Answer 3

Main debating stage where all MPs can discuss the bill, ask questions and vote on it

Question 4

Committee stage

Answer 4

Small Group of MP’s Look at the bill in detail. Amendments are made clause by clause.

Question 5

Report stage

Answer 5

Amendments made during Committee stage are reported to the HofC and MP’s vote on these amendments.

Question 6

Third reading

Answer 6

Overall consideration of the bill and final vote on whether it proceeds.

Question 7

House of Lords

Answer 7

The Bill then goes to HofL where is goes through a similar process. If the HofL alters anything it goes back to the HofC. It may go back and forth. This is known as ping-pong.

Question 8

Royal Assent

Answer 8

The King signs-off the bill as a new law (Act of Parliament)

Question 9

Watch the this video on sources of Constitution.

Answer 9

https://www.youtube.com/watch?v=WK5fIfccr3g

Question 10

Is there a written constitution?

Answer 10

No
There is no single legal document that sets out the fundamental laws of how the state works

We rely on 3 principles:
* PS - Parliamentary Supremacy
* RofL - The Rule of Law
* SofP - Separation of Powers

Question 11

What does parliamentary sovereignty mean?

Answer 11

Sovereignty is the principle of ABSOLUTE and UNLIMITED power.

An Act of Parliament can completely overrule any custom, judicial precedent, delegated legislation or previous Act of Parliament.

Question 12

Provide 3 facts about Parliamentary Sovereignty

Answer 12

1) No Bill of Rights to override Parliament
2) No one parliament can bind another
3) Parliament is the highest source of Law

Question 13

How do MPs fit into the parliamentary system?

Answer 13

MP’s elected in democratic Process so each MP participating on the behalf of the voters (even the ones who didn’t vote for them)

Question 14

How did AV Dicey describe parliamentary sovereignty?

Answer 14

AV Dicey “Parliament has under the English Constitution, the right to make or unmake any law whatever, and, further, that no person or body is recognised by the law of England as having a right to override or set aside the legislation of parliament”

Question 15

What is Dicey’s Theory of Parliamentary Sovereignty?

Answer 15

• Parliament is sovereign and can unmake any law on any subject without legal constraints.
• No parliament can bind another.
• No act can be challenged by a court, nor its validity questioned.

Parliament is highest source of law so can make or unmake any law, even if people don’t like the law the courts would still have to uphold them

No other arm of the state can overrule an act of parliament. BUT judicial review allows the actions of ministers (or others) to be challenged in the High Court (KBD)

Question 16

Can you think of anything that threatens, undermines or weakens Dicey’s theory of parliamentary sovereignty?

Answer 16

1. EU Law, International Treaties,
2. HRA 1998,
3. Devolution
   Welsh Government, Scottish parliament, Northern Ireland Assembly (plus local government, region government like WMCA)

Question 17

How does EU law erode the supremacy of parliament?

Answer 17

EU law overrode any UK law since 1972. 2016 Brexit referendum means this is not technically the case but it still does influence our laws.

HRA 1998 – Under Section3 judges have to interpret every act of parliament in a way that upholds human rights.

• Under Section 4 if the law abuses human rights they have to declare it incompatible and send it back to parliament
• Incorporated ECHR into British law so cases can go to British court rather than ECHR

Question 18

How does the Human Rights erode the supremacy of parliament?

Question 19

What is the definition of the ‘Rule of Law’? Watch the video below.
https://www.youtube.com/watch?v=RBfjrPEGOP4

Answer 19

The State should govern its citizens in accordance with rules that have been agreed upon.

Question 20

What are Dicey’s 3 Components for the Rule of Law?

Answer 20

• No sanction without breach – no one should be punished unless they have broken a law;
• One law should govern everyone (including the government) is equal before the law;
• Rights of individuals secure by decisions of judges. (Judicial Precedent).

Question 21

Can you expand on Dicey’s theory?

Answer 21

There should be proper legal procedures and that laws should be public and not be retrospective.

Actions, inactions and decisions of government ministers can be challenged by judicial review to prevent them making arbitrary decisions (mention ultra vires concept).

Court and judicial mechanisms controlling society should apply to citizen and government (some with more powers to enable the state to function).

Judicial precedent links here as higher courts bind lower courts.

Question 22

What are the potential problems with Dicey’s Theory?

Answer 22

Conflicts with the principle of the supremacy of Parliament.

Parliament has the right to make or unmake any law including giving arbitrary power to the state/government e.g. Covid Laws.

Equality before the law.

In practice this often doesn’t happen because legal costs are very high and unaffordable for many people, so access to Justice is not equal.

It is this sort of arbitrary power that the rule of Law seeks to forbid.

Example: Party Gate.

Question 23

What is the definition of arbitrary power?

Answer 23

arbitrary - (of power or a ruling body) unrestrained and autocratic in the use of authority.
“a country under arbitrary government”

Question 24

Can you name any breaches of the Rule of Law

Answer 24

John Hemming MP
Used parliamentary privilege in 2011 to name a famous footballer subject to an injunction.

Prisoners Right to Vote
Hirst v United Kingdom (No 2)
The central element to the ECtHR ruling was that the UK’s blanket ban on prisoner voting was indiscriminate and disproportionate.

Abu Qatada
Torture, Terrorism, Asylum, Deportation, Evidence obtained by Torture, Treaty
Debate lasted 1994 to 2013.

Question 25

Upholding the Rule of Law - case
A and Others v UK [2004] - Belmarsh Case

Answer 25

Indefinite detention of foreign prisoners (anti terror laws)
Held Section 23 was incompatible with Article 5 ECHR, S4 HRA Declaration of Incompatibility made
Parliament replaced part of the law to allow any national to be subject to a control order

Question 26

Upholding the Rule of Law
R (Evans) v Attorney-General [2015] - Black Spider Memo’s

Answer 26

Journalist FOI request denied by government
Independent Tribunal ruled against government, government overruled tribunal
Supreme Court, Judicial Review, Government had the power but was it exercised lawfully? Ruled against government and ordered disclosure.

Question 27

Upholding the Rule of Law
Al Rawi v Security Service

Answer 27

Security service wanted a civil claim to be held using a closed material procedure and that a judge could in the absence of a relevant statute to deny the defendants access to some evidence.
Appeal dismissed, court does not have this power
Upholds rule of law and demonstrates independence of judiciary, separation of powers and parliamentary Sovereignty.
The Justice and Security Act 2013 reversed this decision by giving the court the statutory authority

Question 28

Rule of Law according to Lord Bingham 2010

Answer 28

1) The law must be accessible, intelligible, clear and predictable.
2) Questions of legal right and liability should ordinarily be resolved by the exercise of the law and not the exercise of discretion.
3) Laws should apply equally to all.
4) Ministers and public officials must exercise the powers conferred in good faith, fairly, for the purposes for which they were conferred – reasonably and without exceeding the limits of such powers.
5) The law must afford adequate protection of fundamental Human Rights.
6) The state must provide a way of resolving disputes which the parties cannot themselves resolve.
7) The adjudicative procedures provided by the state should be fair.
8) The rule of law requires compliance by the state with its obligations in international as well as national laws.

Question 29

What did the creation of the Supreme Court hope to achieve?

Answer 29

The courts are independent of the Government and Parliament. The recent creation of the Supreme Court was an attempt to separate even further the courts from Parliament and the Government.

Question 30

Which Act created the Supreme Court?

Answer 30

House of Lords was highest appeal court but the Constitutional Reform Act 2005 created the Supreme Court to address this.

Question 31

What other title does the Head of the Ministry of Justice hold?

Answer 31

• The head of the Ministry of Justice is the Lord Chancellor who does not sit as a judge.

Question 32

Can you name the 2 commissions that have been set up to ensure judges remain independent?

Answer 32

1) The Judicial Appointments Commission and
2) special appointment commissions for the Supreme Court
These commissions are an attempt to ensure that judges remain independent.

Question 33

Is it possible to sue the Government?

Answer 33

YES

Question 34

Can the police be prosecuted for the crimes they commit?

Answer 34

YES
The police can be prosecuted for the crimes they commit. This can be seen when the London Metropolitan Police were prosecuted for health and safety breaches over the shooting of Jean Charles de Menezes at Stockwell Tube Station.

Question 35

Is it possible to make a claim against the police for false imprisonment or trespass to the person?

Answer 35

YES

Question 36

Where would you find the powers the police possess?

Answer 36

• The power of the police is laid down in statutes such as the Police and Criminal Evidence Act 1984.

Question 37

What remedy is provided by the ‘writ of habeas corpus’?

Answer 37

• The writ of habeas corpus is remedy whereby a person detained by the authorities must be brought before a court so that the court can see whether the person is being lawfully held.

Question 38

What is the role of the Independent Police Complaints Commission?

Answer 38

• The Independent Police Complaints Commission exists to ensure the police do not abuse their power.

Question 39

What body holds the decision to prosecute for most crimes?

Answer 39

• The decision to prosecute remains with the Crown Prosecution Service rather than the police for most crimes. This is an attempt to ensure the police to do not attempt unnecessary prosecutions.

Question 40

What measures are in place to assist people with legal costs so that they will not be disadvantaged in court?

Answer 40

1) The legal aid system, e.g.
2) Duty Solicitor scheme and
3) the public funding of a defendant’s legal representation is an attempt to ensure that the defendant is not disadvantaged in court.

Question 41

What is the main aim of the Human Rights Act?

Answer 41

• The Human Rights Act 1984 was introduced to ensure that the Government and Parliament did not infringe individual human rights.

Question 42

Describe Separation of Powers -
Watch the video below:
https://youtu.be/vi90NpSdiFg

Answer 42

Executive – Government

Legislative – Parliament

Judicial – Judges

Montesquieu was an 18th century Philosopher who’s theory stated that safeguard the liberty of citizens the 3 arms of the state should be separate.

Question 43

Separation of Powers:
What is meant by the term ‘Fusion of Arms of the state?

Answer 43

Fusion of Arms of the State

Fusion of powers is a feature of some parliamentary forms of government where different branches of government are intermingled or fused, typically the executive and legislative branches.

Question 44

How does the executive arm of the separated powers work?

Answer 44

PM and Cabinet are MP’s who sit in the legislature
They set much of the legislative agenda, policies from manifesto etc

Deemed acceptable as executive formed in a democratic way.

Question 45

Arguments for having a written constitution

Answer 45

Makes things clearer
Accessible for citizens
Greater protections of rights and liberties

Question 46

Arguments against having a written constitution

Answer 46

Difficult to change, can become outdated, reflects values at the time
Part of our heritage
Allows flexibility

Question 47

Why might someone argue that we do have a written constitution?

Answer 47

We do have a written constitution it just isn’t codified and not binding but seems to work.

Question 48

Exam question
Provide an overview of how our Parliament and government is formed.

Answer 48

Parliament is made up of people we have elected and people who have been appointed. They sit in two separate Houses:

The House of Commons, where all the people we have elected at the General Election work, as MPs, for the next five years. This includes people in other political parties, as well as those in the winning party who were not chosen to be ministers.

The House of Lords, whose members are mostly appointed for life rather than elected. They have often been chosen because of their achievements and experience. Many do not belong to a political party.

Government ministers also have seats in Parliament but most of their work is done in Government departments.

Question 49

Exam question
Explain the work of the different elements of the legislature

Answer 49

Parliament is made up of three central elements: the House of Commons, the House of Lords and the Monarchy. The main business of Parliament takes place in the two Houses. Generally the decisions made in one House have to be approved by the other.

No individual may be a member of both Houses, and members of the House of Lords are legally barred from voting in elections for members of the House of Commons

Question 50

Exam question
Outline the pre legislative and legislative process using examples

Answer 50

Pre legislative:
Some bills are published in draft for consultation before introduction. The bill may then go through a process of pre-legislative scrutiny where it is considered by a Parliamentary committee or committees. The committee will take evidence and make recommendations to the government on the bill. (see slides 1 - 8 for the stages)

Legislative
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. Other bills are known as Private Members’ Bills.

Question 51

Exam question
Explain how our government is scrutinised

Answer 51

One of Parliament’s main roles is to examine and challenge the work of the government.

Questions
MPs and Lords get the opportunity to question government ministers either directly on the floor of the House during the regular oral question times or in writing.

Prime Minister’s Questions (PMQs)
The Prime Minister answers questions every sitting Wednesday from 12.00noon -12.30pm.

Debates
Debates in the Commons provide an opportunity for MPs to look at the creation and amendment of laws as well as national and international issues and can be on any subject. Votes are often taken to see whether a majority of Members either support or reject any discussed laws or proposals.

Committees
Committees of smaller groups of MPs and/or Lords look at specific policy issues or legislation in detail. Different committees have different roles ranging from offering advice, to producing reports or altering legislation.

Question 52

Exam question
Explain the doctrine of Parliamentary Sovereignty

Answer 52

Parliamentary sovereignty, also called parliamentary supremacy or legislative supremacy, is a concept in the constitutional law of some parliamentary democracies. It holds that the legislative body has absolute sovereignty and is supreme over all other government institutions, including executive or judicial bodies.

Question 53

Exam question
Evaluate the legislative process

Answer 53

Advantages and Disadvantages: Primary legislation provides a clear, stable, and democratic legal framework but can be subject to lengthy legislative processes, political influences, and lack of flexibility.

Question 54

Exam question
Describe, using examples, how Parliamentary law-making is influenced.

Analyse the effectiveness of these influences

Answer 54

The Government
The most important influence on new law creation is the government you vote for.
Intentions set out in a manifesto and the public can check if manifesto promises were met.
Advantages: efficiency, expediency, and democratic accountability.
Disadvantage - lengthy process and the result can be changed and end up different from the original proposal.

European Law
Examples of new laws ( Acts of Parliament) created because of the influence of Europe include laws on sexual discrimination, employment and consumer protection.
Advantages: ensures that member states are treated, and treat others, equally.
Disadvantages: due to its size and diversity is that the law making process simply takes too long.

The Law Commission
Prepare reports for the government on problems with the law and propose reforms Parliament should make.
E.g Occupiers Liability Act 1984
Advantages: Independent, legally trained, work respected, have had successful outcomes.
Disadvantages: lengthy - Offences Against The Person Act took 5 years to finalize. Heavy workload; Money and time can also be wasted, on researching areas of law that may never even be implemented

The Media/Pressure groups
If there is a public outcry over an issue, the public (you) may demand a change in the law. In recent years, examples include: The Dangerous Dogs Act, following the death of several small children savaged by dogs.
Advantages: considerable knowledge about their particular cause or interest.
Disadvantages: One sided argument.