The legislative process Flashcards
The House of Commons
-Made up of 650 members of parliament
-Each MP is elected to serve a constituency ( geographical area
-Almost all MPs are members of a political party (conservatives, labour, liberal democrats)
-The parties or party that has the majority of the -MPs is invited by the king to form a government
-650 seats
-In order to get elected, therefore, political parties need to offer the ideas for law that will gain enough support in the country to win a majority of the seats in the House of Commons at a general election
- These are held at least every 5 years under the Fixed Term Parliament Act 2011
House of Lords
-About 800 unelected members
-700 appointed life peers, as are 26 -Archbishops- but some cross benches are not, and are appointed for their expertise
What are the four different types of Bills?
Public= Affects the whole country
-Put forward by the government
E.G. EU Withdrawal Bill
Private Members Bill= Affects the whole country
-Put forward by individual MP
-Less likely to become law unless supported by government
E.G. Abortion Act 1967, Homeless Reduction Act 2017
Private Bill= Change in law regarding specific -individual or organisations but not the general public
-Anyone specifically and directly affected, can petition against the bill.
E.G. University College London Act 1996
Hybrid= Mixes characteristics of public and private bills
-Affects general population but impacts specific groups or individuals
-Often involves large infrastructure projects
E.G. High speed Rail Bill
What does the legislation process refer to?
It refers to how laws are made. Each government minister has a department of civil servants and advisers. The ministry which is responsible for the area in which a change in the law is being considered will draft ideas.
- New laws are usually made through Acts Of Parliament, which can also be known as Statues Or legislation.
Who are bills drafted by?
Bills are initially drafted by lawyers in the Civil Service who are known as parliamentary counsel to the Treasury or parliamentary draftsmen. When the proposed law has been drafted it is published and at this stage it is called a Bill. It will only become an Act Of Parliament if it successfully completes in the legislative process.
How is an Act Of Parliament made?
GREEN PAPER - A consultative document issued by the government putting forward proposals for reform for the law
WHITE PAPER - A document issued by the government stating its decisions as to how it is going to reform the law.
DRAFT - Parliamentary counsel draft a bill which will become an Act Of Parliament if successfully passed through the remaining stages.
FIRST READING - The bill is introduced to the House Of Commons. No discussion of the debate takes place at this stage.
SECOND READING - The bill is explained by the relevant minister and the main debate on the whole bill takes place. This is followed by a vote. A majority vote is needed to progress further.
COMMITTEE STAGE- Detailed examination of each clause of the bill is undertaken by a committee of between 16 and 50 MP’s with a special knowledge of the bill. Amendments can be made at this stage.
REPORT STAGE- The committee reports back to the House of Commons on their investigation and any amendments that have been made the amendments are debated and accepted or rejected. ( If no amendments were made at Committee, the report stage is skipped)
THIRD READING- The final vote on the bill. Unlikely that a bill will fail at this stage. This stage only takes place if at least 6 MPs request it.
OTHER HOUSE- If the bill started at the House of Commons it is now past to the House of Lords where it goes through the same processes set out. The bill can go back and forth between the two houses with amendment requests. If the House of Lords don’t agree to the bill, it can go for Royal Assent after one year without their approval.
ROYAL ASSENT- The monarch gives approval of the bill.
Why is democratic an advantage of the legislative process?
It is a democratic process, in that the elected member of the House of Commons can consider, debate, amend and vote on legislation, and the House of Lords cannot ultimately block a bill. This is because MP’s are elected, they are representing their constituents as they do this. This should mean that legislation reflects the will of the electorate.
Why is thorough check an advantage of the legislative process?
The parliamentary law making process is very thorough. It involves debates and close examination of proposals in Committee. MPs with a particular interest can get involved in scrutinising a Bill at the Committee stage.
Together with the consultation that occurs prior to the introduction of a Bill, this means that proposed laws are subject to detailed scrutiny and mistakes are to be spotted
This should help ensure that the legislation that is passed is fit for purpose and fair, upholding the rule of law.
Why is the House of Lords checking the law an advantage of the legislative process?
The House of Lords acts as a checking mechanism. It can guard against laws being passed solely to fit the Government’s political agenda. If the House of Lords exercises its power of delay there will be further opportunity for debate and amendments of the bill’s provisions. The House of Lords contains many peers with significant expertise in many different issues. Because of this, the quality of scrutiny and debate in the Lords is very high.
Why is flexibility an advantage of the legislative process?
There are several types of bill which can be introduced in either House. This means that not only the Government but all MPs and Lords have the opportunity to propose new laws. This may be useful when the government has not given thought to a particular matter, or does not want to be seen to introduce controversial legislation.
Why is undemocratic a disadvantage of the legislative process?
Neither the House of Lords nor the Queen is elected. Arguably, the unelected House of Lords should not have the power to delay bills that have been approved by the democratically elected House of Commons.
However, while the House of Commons is democratically elected, MPs are persuaded to vote with their party rather than in accordance with the
wishes of their constituents. A Government with a large majority may be able to introduce any legislation it pleases, and is only answerable to the electorate every five years.
Why is law making process a disadvantage of the legislative process?
The law making process is very slow. It can take many months or more. Some stages such as Royal Assent can be argued to be pointless formalities. This leaves little parliamentary time for consideration of Private Member’s Bills, for example. It also means that the legislative process is not always suitable for dealing with emergencies. The length of the law making process is no guarantee of quality. Poor quality law can still be passed, such as the Dangerous Dogs Act 1991
Why is complex legal language a disadvantage of the legislative process?
Parliamentary drafts men use complex legal language terms that are hard to understand for people who are not legally qualified. This means that the law may not be clear, which is contrary to the rule of law which states that the law should be ascertainable.
