PARLIMENTARY LAW MAKING Flashcards
Green and white papers; intro
- part of the pre-legislative process
-takes the form of 2 papers; green and white, the party proposing new law will prepare these papers
Green papers
-drafted and published
-consultation document
-contains proposals for new laws, seeks views of interested parties, bodies, organisations and even the general public
-amendments can be made in response
-EXAMPLE - the courts and legal services act 1990 had 3 green papers and 1 white before a bill was finally drafted
White papers
-published
-declaration of what new laws will be made, containing firm proposals
-interested parties can give feedback
-after the paper has been drafted, the bill will be drafted before being introduced to the house
What is a bill?
bills are proposals for new laws which have yet to make t through the law making process. once the bill has passed the legislative process in both HOC and HOL and been granted royal assent, the bill becomes law
How is a bill introduced?
-most of bills are introduced by the government
-ministers from the relevant government will ask parliamentary to draft up the bill draftsmen
private members bill
-introduced by MPs who are not part of the government or members of the house of lords, introduced by a ballot system or the ten-minute rule in parliament
-EXAMPLE - abortion act 1967
public bills
-introduced by the government (their ministers which effect a large majority of the country/the whole country
-EXAMPLE - the fraud act 20006
private bills
-introduced by large companies/local councils and will only apply to certain/particular individual or corporations
What is the role of the house of commons?
-the ‘elected house’
-approximately 650 MPs
-each represents a constituency
-elected every 5 years in general elections
-government has a say over which new law parliament will make
-introduces most new bills (most public/government)
-all finance bills start their legislative process in the HOC
-Bills will pass through a number of stages in the HOC (first and second reading, committee and report stages, third reading)
What is the role of the house of lords?
-the ‘unelected house’
-reformed in 1999
-today their is; 92 hereditary peers, 640 life peers, 26 bishops from church of England
-can introduce bills (usually pure law-making bills, not about running the country)
-acts as a check on the HOC - often making it re-think or amend things
-EXAMPLE - 1911 and 1949 parliament acts were blocked by the HOL
-lost its veto power and can only delay for 12 months
Role of the monarchy/crown
-small role in the final stage in parliamentary law making
-a formality
-monarch grants royal assent to bills which have passed all stages in both HOC and HOL
-since 1969 the monarch only gets a short title
-queen Anne was the last monarch to refuse to give assent
Legislative process (pre-legislative bit)
I - influences/idea for new law making
G - green paper (consultation + published to get opinion)
W - white paper (firm proposals for the new law published in white paper)
B - bill (proposal for new law)
First reading
- a formality, introducer reading out the short title of the bill and there is an order to print the full bill
- bill can be introduced into elite house but as most bills are government bills they are introduced into the HOC
- all finance bus start then joined in the HOC
Second reading
- main formal debate on the bill
- vote is taken and there must be a majority in favour for bill to continue
Committee stage
- 16-50 cross benchers carry out detailed scrutiny of the bill and if they propose any amendments the bill is sent back to the whole house for the next stage
- the whole house sits as a committee to debate very important bills and finance bills
Report stage
- after scrutiny, the committee will report any amendments back which the house will debate and vote on
- The house can make further amendment’s too
Third reading
- a formality
- no further amendments
- vote and then other house
Other house
- stages are repeated in the other house of parliament
- can ping pong back and fourth between houses
- 1911 and 1949 parliament acts stopped the HOL from blocking bills (can only delay a year)
- hunting act 2004 was passed by the HOC 12 months after it had been rejected by the HOL
Royal assent
- bill is passed to monarch for royal assent
- a formality
- no monarch has refused a bill since Queen Anne in 1707
Advantage - democratic
- voted on by party with most seats In the general election
- bill has to get passed elected MPs
- fair and justice compared to common law made by unelected judges
Disadvantages - not always democratic
- bill has to pass both houses despite recent reforms to decrease number of hereditary peers (1911 and 1949 acts)
- unelected people still have a say in our law making
Advantages - very thorough
- has to go through a number of pre-legislative and legislative processes where it is subjected to debate, scrutiny, voting and amendments
Disadvantage - process is too long
- time consuming
- Some bills have to wait and will become outdated before they are put to parliament
- both money and time wasted
Disadvantage - new legislation
- new legislation makes law difficult to find and use
- parliament constantly having to consider consolidating acts
