parliamentary law making Flashcards
statutory law is made by
parliament
common law is made by
judges
parliament is supreme meaning
their law is binding and only parliament can make or change statutory law
Green winged dragons fly slowly clockwise round the old ruin
G green paper
W white paper
D draft bill
F first reading
S second reading
C committee stage
R report stage
T third reading
O other house
R royal assent
what is the legislative process
the legislative process means they process by which parliament makes a new law
what is the first stage + explain
green paper
the government set out reasons for wishing to create new laws or broad proposals as to what form the law should take
This is a consultation document put forward by the government government
white paper
More detail proposal likely to be the ones contained in the bill firm proposal of the new law
draft bill
The draft of the new law it cannot become official law an active Parliament until it is completed the legislative process
types of bills
public bills affect everyone
However, some bills only affect certain people are operations known as private bills
some bills aren’t introduced by government but individual MP not as private members bills
What will happen if the build does not become law at the end of the parliamentary session?
it will fall and would have to start again. We want scrutiny of the bill but we did not want time to wasted.
Some legislation can be fast tracked through parliament in emergency such as the coronavirus act of 2020 which only took four days to become law
Where are most bills introduced?
most bills are introduced to the House of Commons some will start in the house of lords
all finance bills must start in the House of Commons
. All bills will follow the same process regardless of which house is starting.
First reading
This is where sponsor of the bill introduced it to Parliament for the first time the title and main aims the bell read out there is no debate here. It is just a formality.
Second reading
at this point, there is a debate on the bill and it aims there has to be a successful vote for the bill to proceed if it does not receive a majority vote and it will fail
Features of the second reading
Lengthy debate
Minister responsible to speech
Main principles outlined
Important clauses summarised
What is the committee stage?
The committee usually made up a 15-30 MP selected with their expertise. They can also consider outside expertise.
However in some cases the whole house as a committee at this stage amendment are made and then the bill is reprinted.
What do the committee stage due to the bill?
Analyse wording and each clause
What is the report stage?
The committee report any amendment back to the house these amendments and then debated they can be accepted or rejected
What happens at the third reading?
there can be a debate if 6+ MP is requested
Often straight after the report stage
Final version is reviewed and there is no major changes and it’s simply formality as it has been through lots of scrutiny and amendments
final vote
Other house
at this stage it goes back to the other house house of lords and it started in the comments and vice versa
They go through the same stages in the bill returned to the first house but any amendments to be considered a bill may go back-and-forth between each house until both houses reach agreement and exactly the wording of the bill know as ping-pong
the House of Lords can deliver bill they cannot stop it as a result of the parliaments act
royal assent
This is the final stage and at this point the bill becomes an active Parliament harmonic signed a document which proves the law
advantages of PLM
detailed examination of draft floor, clear series of steps
bills are improved during the process
democratic
Opinions are considered following a consultation process
Stage useful safeguard
Expertise in the house of lords
democratic positive
All Bills are debated, examined, amended and voted on by Parliament. MPs are elected to represent the views of ordinary people and must approve all legislation.
Although the Lords is unelected it also provides valuable expertise in scrutinising legislation. Furthermore it does not have the power to veto legislation (it can only delay a Bill not prevent it from becoming law - and it has only done this on 7 occasions).
democratic nehative
The House of Lords is undemocratic (unelected) and lacks real power (dog with a bark and no bite)
• Its composition can be criticised. Hereditary Peers and the Bishops of the Church of England still sit in the Hol.
• Ine House of Lords Act 2, removed the right of most hereditary peers to sit in the House of Lords except!.
This was intended to be a first stage of reforming the House of Lords. Since then no further reform has taken place.
openness
Debate / scrutiny
• Time for thought and opposition
• Clearly defined procedure
• Public participation - both within and outside of Parliament
• Compromise
disadvantages
Insufficient time - 600 hours
• Rushed law
• Hol undemocratic
• Government controls the timetable / ‘guillotines’
• Piecemeal basis - uncertainty as to which aspects of law is applicable
• CJA 2003 - 11/339 sections introduced in 2003
• HoL lacks real power
rushed law
Problems with rushed law
For example - the Dangerous Dogs Act 1991.
In this case a Bill was introduced without a consultation process having taken place and went through Parliament in 3 months. The Act later proved to be poorly drafted and almost unworkable and had to be reformed by a later Act of Parliament in 1997.
CA 2020 - A cross-party committee of MPs said the Coronavirus Act was passed in an ‘unsatisfactory’ manner
positive if rushed law
Law can be made quickly when necessary
The Banking (Special Provisions) Act 2008 - This Act was passed in 3 days due to the financial crisis at the time.
The government took over the Northern Rock Bank - it is now owned by the Government.
criticisms
Language can be ambiguous despite efforts of Parliamentary Draftsman Lord Hailsham ‘elective dictatorship’ Government with a large majority can dominate the process
Hansard Society 2006: standing committees rarely achieve consistent or genuine scrutiny’
