Section 3. Law - making Flashcards
(165 cards)
What does a government issue if it is unsure about the legislation it wants to introduce?
A green paper
What does the government produce after a green paper?
A white paper
What is a green paper?
A document setting out options for legislation and inviting consultation
What is a white paper?
A more detailed statement of the government’s intentions
Why is consultation, before a new law is made, valuable?
- As it allows time for mature consideration
- From time to time governments are criticised for responding in a ‘knee-jerk’ fashion to incidents or a situation and, as a result, rushing through law that has subsequently proved to be unworkable
- E.g. The dangerous dogs act 1991
What is a bill?
A proposed law introduced into parliament
What are public bills?
- They involve matters or public policy that will affect either the whole country or a large section of it
- E.g. The constitutional reform act 2005, The equality act 2010, The criminal justice and courts act 2015, and etc.
Can private members bills be a public bill?
- If it affects the whole population then yes.
- E.g. The abortion act 1967
What are private bills?
Bills that are designed to pass a law that will affect only individual people or corporations, not the whole country.
What is an example of a Private Bill?
The UCL Act (1996)
What are private members’ (backbench) Bills?
A bill tabled by backbenchers as opposed to government bills and can be introduced by either members of the HofCs or HofLs who are not ministers
What are some examples of laws passed as the result of private members bills?
-The Abortion Act (1967) - Legalised abortion in GB
-The Marriage Act (1994) - Allowed people to marry in any registered place, not only in register offices or religious buildings
What are government bills?
These are introduced by the government. They are likely to become law as government business takes priority in parliament
What stages does the bill have to go through in the House of Commons/Lords first to become an act of parliament?
1.Origin (papers)
2. First reading
3. Second reading
4. Committee stage
5. Report stage
6. Third reading
7. (Sent to King for royal assent first)
What happens in the first reading in the House of Commons?
The bill is made available to MPs but is not debated or voted on at this stage
What happens in the second reading in the House of Commons?
Principle of the bill is debated and a vote may be taken if it is contested
What happens in the committee stage in the House of Commons?
- Bill is scrutinised in detail by a public committee whose membership reflects the strength of the parties in the Commons
- Amendments may be at this stage if the government is prepared to accept them
What happens at the report stage in the House of Commons?
Whole House considers amendments made at the committee stage and may accept or reject them
What happens at the third reading in the House of Commons?
-This is the final vote on the bill
- Amended bill is debated and voted in by the whole House
What happens after the bill has gone through the stages of it becoming law in the HofCs?
It is then passed on to the HofLS
What happens in the HofLs stages of a bill becoming law if the bill started in the HofCs?
- Bill goes through the same stages in the Lords, with the exception of the committee stage, which is carried out by the whole House
- The Lords can propose amendments
- The Commons has to decide whether to accept, reject or further amend these
What happens after both Houses have agreed on the bill proposal?
- Royal assent
- Monarch formally gives approval to the bill, making it law and an act of parliament
- This stage is a formality as the sovereign is a constitutional monarch
What is the importance of The Parliament Acts of (1911) and (1949)?
-The power of the House of Lords to reject a bill is limited by the parliament acts 1911 and 1949.
-These allow a bill to become law even if the House of Lords, rejects it, provided that the Bill is reintroduced into the House of Commons in the next season of parliament and passes all the stages again there
What are the advantages of the legislative process?
- Before bills reach Parliament, consultations like Green papers gather feedback on proposed law changes, allowing the government to consider objections and suggestions
- All bills undergo extensive scrutiny in both Houses ensuring thorough discussion before becoming law
- Parliamentary sovereignty dictates that laws passed by Parliament are supreme, can’t be questioned, and must guide judicial decisions made in court
- In times of emergency, law can be introduced, debated and, enacted on quickly. E.g. The Coronavirus Act (2020)