Parliamentary Law Making Flashcards
Paper 2 Section A
what is “Parliamentary Supremacy?”
Parliament (P) has the ability to make, change or abolish ANY law
is P bound by anything/one?
no P is not bound by themselves, they can change their mind at any point
who makes up P
- house of lords
- house of commons
- monarch
what is the name for the law that:
* is an idea
* judges make
* public body makes
- Bill (turns into Act when completed)
- precedent
- delegated legislation / by-laws
what are the 3 types of bills?
- Private members Bills
- Public Bills
- Private Bills
Private members Bill:
* who makes it
* eg of P.M.B.
- Non-Govt. eg. House of Lords / non-labour
- Abortion Act 1967
Public Bills:
* who is affected by it
* who introduces it
* eg of P.B.
- everyone
- typically the Govt.
- Legal Aid Sentencing and Punishment of Offenders Act (LASPO) 2012 (less people get free lawyers; need to earn under £8k/yr
Private Bills:
* who does it affect
* eg of P.B.
- ONE person/legal entity
- The Faversham Oyster Fishery Company Bill 2016 (help give TFOFC clearer guidelines on where to fish, whilst also keeping environment safe)
Legislative Process Flowchart
1st stage
The Legislative Process
Green Paper
* consultation phase - set out aims for the Bill
* survey individuals
2nd stage
The Legislative Process
White Paper
* firm proposal for a law based on G.P.
3rd stage
The Legislative Process
First reading
* person stands up
* reads bill title
4th stage
The Legislative Process
Second reading
* Minister explains purpose of Bill
* then debate
* then vote
5th stage
The Legislative Process
Comittee stage
IF BILL BEGAN IN HOUSE OF COMMONS:
* 16-50 MPs
* examine each clause + debate problems
IF BILL BEGAN IN HOUSE OF LORDS
* EVERY MP examines
6th stage
The Legislative Process
Report stage
* MPs report problems + suggested ammendments
* only yes or no, no further changes
7th stage
The Legislative Process
Third reading
* Final vote based off ammendments
* either continue, or back to square 1
8th stage
The Legislative Process
House of Lords
* after process is completed in 1 house, whole process repeated in the other (from 3rd stage - 7th stage)
* H.o.L / H.o.C. make changes –> other house reviews again
* BILL PLAYS PING PONG
* if agreement can’t be made, Bill may fail, unless Commons invokes it’s supremacy under the Parliament Act (VERY rare)
9th stage
The Legislative Process
Royal Assent
* Monarch (King/Queen) gives Royal Assent to Bill to make it a law
* almost always given Assent
* Royal Assent Act 1967 - Monarch only sees short title and doesn’t even physically sign