The Origin and Passage of Legislation Flashcards
The origin and passage of legislation in…
Both the UK Parliament and US Congress consists of several stages before a bill can become a law.
In this essay, the stages that will be compared are…
The origin stage and where the bill comes from, the committee stage and for the UK Parliament Royal Assent being compared to Presidential Action in US congress
This essay argues that…
Describing the origin and passage of legislation as remarkably similar is inaccurate for the UK parliament and US congress
One way the origin and passage of legislation isn’t remarkably similar in the UK and the USA is…
Is the origin and where the bill comes from. This is because in the Uk a bill is introduced to all MP’s in the House of Commons at the first reading, usually by the governing party or prime minister.
Example for introducing the bill in the UK…
Sir Christopher Chope MP of the Conservatives introduce the BBC Licence Fee Civil Penalty Bill at its first reading.
Analysis for introducing the bill UK…
This shows that the origins of a bill often in the UK lies with an MP of the governing party who add to the government legislative agenda.
However in the USA party loyalties…
Mean the governing party doesn’t always introduce the bill. This is because in the USA, the senate and the House of Representatives may not both have majorities belonging to the governing party, as both hold separate elections, meaning bills could be introduced by the opposition party in congress.
For example… introducing a bill USA
The House of Representatives currently has a republican majority with 222 seats and the senate has a republican lead with 49 seats.
Analysis of USA introducing a bill
This shows that the origins of who introduces the bill can be completely different to the party that’s in the White House as currently reflected by the republican congress majority
Overall introduction of a bill…
Overall, it is clear that the origins of legislation in the UK and USA are not remarkably similar as the governing party in the UK Parliament tends to hold majority and set legislative agenda whereas in US congress, it can be controlled by the opposition party.
One way the origin and passage of legislation is remarkably similar in the UK and USA is…
The committee stage. This is because in the UK, a bill will be referred to a public bill committee for detailed, clause-by-clause scrutiny.
Example for UK committee stage is…
For example, the public bill committee will consist of 16 to 50 MPs chosen to reflect the balance of parties represented in the House of Commons.
Analysis of UK committee stage is…
This shows that the committee stage can heavily scrutinise and make recommendations of amendments as MPs are from different parties which means more opinions are being represented in discussions and therefore the bill will fit the needs of more people.
Similarly in the USA…
The bill will also go to the committee stage. This involves scrutinising a new bill before sending it back to the floor of the house of reps or the Senate or using their power to kill the bill
For example… USA committee stage
For example, Shiela Jackson Lee’s leading Against White Supremacy act 2023 is currently at committee stage in the USA.
Analysis of committee stage in USA is…
This shows that standing committees consist of permanent experts in their own area who have immense power to stop the bill where it is if they decide against it.
Overall for committee stage is…
Overall, it is clear that the committee stage in the UK and USA are mainly similar as both committees can suggest amendments to change or add to the bill however in the USA, committees are able to ‘kill the bill’ whereas in the UK they cannot
Finally, another way the origin and passage of legislation is not remarkably similar in the UK and USA is…
The stage before a bill becomes a law. This is because in the UK, a bill becomes a law once it receives royal assent and is known as an act of Parliament.
Example for Royal Assent is…
For example, Royal Assent have not been refused since 1707
Analysis of Royal Assent is…
This shows that both House of Commons and lords as well as the monarch agree on the final bill although the monarch doesn’t have much of a choice or input into the bill they pass.
On the other hand, in the ISA the bill faces…
Presidential action. This is because the president doesn’t have to sign the bill, but can veto or pocket veto however congress can overturn veto with 2/3 majority in both houses.
Example for presidential action is…
For example, Donald trump vetoed the Iran War Power Resolution and was sustained by the Senate in May 2020.
Analysis of presidential action is…
This shows that the president can influence which bills are passed to become laws that they don’t agree with or believe aren’t beneficial
Overall for royal assent and presidential action is…
Overall, when it comes to the bill being signed it is not remarkably similar in the UK and USA as the President can veto the bill if they don’t agree which can result in the bill being dropped if it’s not sustained by a 2/3 majority in both houses of congress whereas the monarch doesn’t have any say in the contents of the bill or whether to pass it
In conclusion, the origin of legislation is…
Not remarkably similar because in the UK, the bill is often introduced by gov ministers of the governing party whereas in the USA, legislation can be controlled by the opposition party if they have majority.
However the committee stage in the UK and USA are…
Mainly similar as both committees can examine the bill and suggest any alterations to be added or changed to improve the bill however in the USA, the standing committee can also opt to ‘kill the bill’.
Lastly, the stage before the bill becomes law is…
Not remarkably similar as in the UK, the bill will receive Royal Assent from the Monarch who must sign the bill, however in the USA, the president can veto the bill which send it back to congress to be reconsidered and voted on again which could cause the bill to drop.
Overall conclusion is…
Overall , the origins and passage of legislation is not remarkably similar between UK Parliament and US Congress
