parliamentry law making Flashcards
what is parliamentary law making
refers to the process by which laws are created amended or repealed in the UK Parliamnet.
This process involves the devlopment of ideas into legasltive propsals. Known as bills. which are tehn debated, scrutinized and voted upon by both houses of parliament before recieivng royal assent.
green papers
is a consultation document issued by the government that sets out various ideas and proposal’s for legalisation. It is intended to provoke discussion, invite feedback from interest parties and gather opinions before a bill is drafter. Green papers are often used for significant legislative reforms where the government seeks input from public, experts and stakeholdres.
purpose nof geen paper - to consult and gather nopinions before legislation is formally drafted
example - the green paper on justice and security 2011 - sought views on propseed changes to the handling od sensite evidence in civivl courts.
purpose nof geen paper
to consult and gather opinions before legislation is formally drafted
white papers
a white paper is a olicy document that outlines tehe governmnets firm proposal for legislation after considering the feedback from the green paper stage. It providess more detaiil then a green paper and serves asa a statnemnt of intent regarding the upcoming bill
propose of a white paper - to set out governments final policy position and legislative propsals before drafring teh bill
examplew - the white paper on education reform - laid out specific proposals for changes in the school sysytem.
propose of a white paper
to set out governments final policy position and legislative proposals before drafting the bill
the formal legislative process
the legislative process in parliament follows a structured sequence of stages, designed to ensure through debate, scrutiny and amendments or proposed laws.
first reading
The bill is introduced to Parliament and its title anf main objectives are read out.
There is no debate at this stage, and it sserves as formsl noticec to parliamnet that the bill exists.
purpose of first reading
to formally introduce the bill to parliament
second reading
The bill is tehn debated on its generel principls and objectives. Memebers s of parliament and lords discuess wherther the bill is necessary and teh generel policy behind ity. After the debate, a vote is held to decide wherther the bill hsoudl proceed.
purpose of second reading
to debate tand vote on the overall purpose of teh bill
key vote - a bill tat passes teh secod reading moves foward to teh commitee stage.
commitee stage
teh bill is examined ind etail by a comitee oif MPs or lords. Each clause of teh bioll is scrutinizedn and amenments may be propsed in debate.
In teh hous eof commons, tis stage is usualyyy conducted by a public bill commitee, but for important bills the hwoel hpouse may sit as comitee.
purpose of commitee stage
to conduct a detailed examonattion of teh bills proviaions and suggests amendemnts
report stage
aste rteh commitee stage had finshsed examinig teh billol any amendmnets made during teh comitee stage are rported back to teh whoel house. further amendments xabn ve made and the houses vote on them
purpose of teh report stage
to consider teh bill with alla mendments from teh commitee tsage
Third reading
the final verison of thebill is debated. focusing on teh overall form of wherther it shoulkd become law. no further amendments can be made at tis stage a vote is tehnm held.
Influences on parliament
Various factors and bodies influence tehcretaion of laws by parliamenr, including polticla parties, punlic opinion and media, presure groups and law reform bodeis
purpose of third reading
to finalize teh bill and decide whether is hsould pas
The house of lords
if teh bill started in teh hous eof commons. it is then snet to teh hosue of lords for a simialr process od reaidngs, debate an dmaendments. If teh lords suggest chnage, the bill is snet back to teh hosu eoif commons for approval of teh ammendmnets.
This process is known as Ping pong until both hosues agree
purpose of house of lords
to allow the lords to scrutinixe and emnd teh bill
Royal assent
Once both hosues have agreed on teh final verison of the bill, it is snet to teh monarch for formal approval. Once royala ssent is grnated teh bill becomes an act odf parliamnet and has teh force of law.
purpose of royal assent
to formally enact the bill into law
note -n royal assent is now a formlaoty and teh monarch does nit refuse it
political parties
political parties play a amjor role in shaping law-making. the prty in power sets the legislative agenda and introcudces teh majority of teh bills, often based on its manifetso commitments.
Oppoisiti apties also influence legislation by debating bills, propsog ama=endmnets abd raisnf publci awareness of issues.
example of poltcial parties
a government with a strog majority can usually pas its legislative agenda, as seen with conservative governmnet introcuctuion of brexit related legislation following the 2016b referendum
public opiniom amd media
- can shape legislation particulary on high-profile issues.
if teh mdia highlights an issue taht resonates iwth teh public. Parliamnet may reposnd by passing legisltion toa dress it
example of public opinion and media
the dangerous dog act 1991 -m introdcued follwong public concer and teh emdia ocverage of attack sby dangerous dogs
pressure groups
pressure groups advocate for specific causes and attempt to influence parliament to introduce, amend or repeal awl’s. sectional pressue groups epresnetg partcuklar sections of society (e.g trade unions) while cause grous focus on specific issues (e.g environmental or human right issues)
example of pressure group s
The equlaity act 2010 was influenced by pressur groups from groups advovating for stronger anti-discrimination laws
law reform bodies
Bodeis such as law commission and royal commissision are tasked with reviwieng and suggesting reforms to existing laws, The law commission is an idnepenednat body tat reveiws areas of teh law and propsoes chnages too ensure that the law is fair, modern and accessibile
example of law reform bodies
teh law commission has influences reforms in areas such as family law and criminal justice
the doctrine of parliamentary supremacy
also known as parliamnetry soverignty is a fundmenetal principle of teh Ul costitution. It means that parliamnet is the supreme legal authority in teh uk and has the power ro make amend or repeal any law. no otehr body, including courts can overrule an act of parliament.
key features of the doctrine of parliamentary supremacy
parliament can amke or inmake any laws - tehre is no legal limit tioo teh laws parliamnet can apss
no parliamnet can bind its sucessors - each parliamet is osvereign and can ammend or repeal laws made buy previosu parliament
no court can question tehvaldity opf an acr of parliamnet - courtsmust apply legislation even if tehy disagree with it.
limitation of parlimanettry supremcy
although parliamet is theoreticaly supre,e, they have certain limitaions.
e.g. the human right act
devolution
, European union law (pre-brexit)
international law
e.g. the human right act
the u=huamn right act requires Uk court to interpret legislation ina way ta is compatinle with the European Convention on Human rights (ECHR) While courts cannot strike down on acts of parliamnt that conflit with the ECHr, they can issue a declaration of incompatibility puting pressure on parliament to ammend the law
European union law (pre-brexit)
before brexit, EU law had suprememcy over UK law in areas covered by teh EU treties. This meant that the Uk legislation taht conflicted iwthEU law had rto be set side by teh courts
example - the factortame case 1990 established teh supremecy of EU law over domestic law when the YUk courts disaaplied parts of the merchant shipping act 1988 becauseit conflcited with teh EU law.
devolution
tehcreatin of devoloved legisaltures in scotland wales and northern island has limited the supremecy of teh Uk parliamnet in certain areas. for example teh Scottish parliamnet has teh powers to make laws on education, health and criminal justice within scotland,
