The legislative process in parliament

Question 1

What is the legislative process (GWDFSCRTOR)

Answer 1

“Green winged dragons fly slowly clockwise round the old ruin”
Green paper, white paper, draft bill, first reading, second hearing, committee Stage, report Stage, third reading, other house, royal assent

Question 2

Where can Bills start?

Answer 2

Bills usually start in the HoC but can start in either house, except finance Bills which must start in H of C

Question 3

What happens under the Parliament Acts 1911 and 1949?

Answer 3

These acts allow a bill to become law despite H of L rejecting it

Question 4

What is the reason that Parliament acts 1911 and 1949 are allowed this power?

Answer 4

The power to allow a bill against the H off L is only allowed if it goes through all the stages of parliamentary law again,

This is because the H of L are not a democratically elected body so people should be able to go against them

Question 5

What are the four occasions the parliament acts have been used?

Answer 5

1) War crimes act 1991
2) European parliamentary elections act 1999
3) Sexual offences act 2000
4) Hunting act 2004

Question 6

When are acts put into effect?

Answer 6

Acts come into effect at midnight on the day of Royal assent. unless another day is specified

Question 7

How long does it take for a bill to come into place?

Answer 7

It can take months or years for a bill to become law, however there have been emergency situations where an Act has been passed in less that 24 hours (Northern Ireland Act 1972)

Question 8

What are advantages of the legislative process?

Answer 8

• The process is democratic, as MPs in the H of C have all be elected it will reflect the majority
• Using acts of parliament to change and update the law is effective as whole scale reform can be made to particular areas. More advantageous than judicial precedent where the law is contained in lots of decisions and hard to discover.
• Before an act is made there will usually have been consultation with experts and parties will be affected by the changes . Means laws are fit for purpose.

Question 9

What are the disadvantages of the legislative process?

Answer 9

• Tyranny of the majority - if the government has a large majority then it not only has large influence but can almost guarantee bills being passed
• Difficulty working out if an act has come into force - many acts do not come intro force upon Royal Assent
• Poor initial drafting - language used in many acts is obscure and complex and this can cause problems further down the line as cases R v Lang Criminal justice Act 2003
• Too slow or too quick? There can be a delay of many years between the need for new legislation being identified and a Bill actually being put before Parliament
• Lack of accessibility is another major problem as the law should be easily accessible by ordinary citizens, but complexity restricts that.