The Legislative Process Flashcards
What are the key aspects of law-making within the ELS
- Parliamentary sovereignty
- Seperation of powers
- Two-house system
What are the key aspects of the English Legal System?
- legislation is the main source of law
- The UK is a monarchy - the formal head of state is the King
- The Uk is a democracy - Law is made by Parliament containing 2 chambers
- There is no written constitution but there are constiutional principles and Acts which are underpinned by the rule of law
- The rule of law is understood to include the principles of legal certainty, legal equality, fundamental rights, judical independence and access to justice
What is the Seperation of powers?
- the Executive - the Government of the day
- Parliament - the legislature - both Houses of Parliament
- The Judiciary - the court system
- provides checks and balances between the branches of government
What is Parliamentary Sovereignty?
- means that parliament is the supreme legal authority in the UK
- meaning Parliament can create or change or end any law
House of Lords reform
- like the house of commons it has an important role in making legislation and scrutinising government
What is a bill?
a proposal for a new law, or to change an existing law
What is the Kings Speech?
- sets out government policy and legislative agenda for the new parliamentary session
- took place on 17 July 2024
What are Command papers?
Green
- consultation documents produced by the Government
- Important for companies to comment on law reform
White
- Policy documents produced by the government that set out their future legislation
What are the stages of the legislative process?
- First Reading
- purely a formality, no debate
- formal introduction where the bill is published for the first time - Second Reading
- debate on general principles and policy, first vote
- government minister or MP is responsible for the bill
- Have the official opposition responding with their views on the bill
- chance for other parties to give their views - Committee Stage
- line by line examination
- committee inquiries - Report Stage
- further amendments may be proposed
- could suggest a new provism or amendment
- add or change things - Third Reading
- Bill is handed over
- An amendment cant be made at this stage
- once its approved its handed over to the other house - Passes to the other House
- to follow the stage above again - Consideration of amendments
- constraints in making amendments and passing the bill - Royal Assent
- formality
- note difference to commencement
What are the Considerations of amendments?
- ping pong refers to the back and forth of amendments to bills between the house of commons and the House of Lords
What are the parliament acts?
they provide the house of commons with an advantage as the elected house can overrule or bypass the house of lords via parliament act procedure
- there are 2 parliament acts
1. Parliament act 1911
2. Parliament act 1949
What is Primary legislation?
- acts of parliament
- Gives power to make secondary / Subordinate legislation
What is a Secondary Legislation
- legislation that doesnt go through the same legislative process as primary legislation but is essential to making and implementing law
- Main type = statutory instruments (SIs)
–> usually have RULE, Regulation or Order in their title for example commencement orders
–> SIs do not follow the same process as primary legislation - too much opportunity for debate and draft SIs cannot be ammended
What are some areas of debate for parliamentary sovereignty?
Some argue that international law, EU law, or human rights law comprises this principle because they impose laws that are made outside of the domestic legislative process.
What is house of parliament?
- house of commons (elected)
- House of Lords (not elected)
