Week 2 - The Legislative Process Flashcards
What terms are used interchangeably?
Legislation
Statute
Act
What are the key aspects of law making
Parlimentry sovereignty
Separation of powers
Two house system
What are some key aspects of the English Legal System?
Legislation is now the main source of law in this jurisdiction
The UK is a democracy. Law is made by parliament containing two chambers: The House of Commons and the House of Lords - a two-house system
There is no written constitution but there are constitutional principles and acts relating to constitutional matters 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, judicial independence and access to justice
What is the separation of powers?
The idea is that the separation of powers provides checks and balances between branches of government
The Executive - the government of the day
Parliament - the legislature - both houses of Parliament
The Judiciary - The court system
What is Parliamentary Sovereignty
Parliament is said to be sovereign, which means that the parliament is the supreme legal authority in the UK which means parliament can create change or end any law
What are some areas of debate for Parliamentary Sovereignty?
Some argue that international law, EU law or human rights law compromises this principle because they impose laws made outside the domestic legislative process
What is the House of Parliament
This has the
House of Commons (Elected)
and the
House of Lords (Not elected)
What is the House of Lords reform?
The House of Lords, like the House of Commons, has an important role in making legislation and scrutinizing government
What is a Bill?
A bill is a proposal for a new law, or a proposal to change an existing law
What are the different types of bills?
Public Bills - These are the most common
Private member’s bills - Still public but introduced by non-government administered, only a small number of these become laws
Private bills - Small companies give themselves powers, only applied to those specific individuals or companies, not the general public
Hybrid Bills - Have more of an impact on certain individuals or groups
How can bills be introduced?
They can be introduced by:
The government
Individual MPs or Lords (Private member’s bills)
Private individuals or organizations
What is the King’s speech?
it is an opportunity for the government to set out its legislative agenda for the coming months
What are command papers
Green
- These are constitutional documents produced by the government
- They are very important in allowing companies to comment on law reform
White
- These are policy documents produced by the government that set out their proposals for future legislation
State papers, including treaties
What are the stages of the legislative process?
First Reading - Purley a formality, no debate where the bill is published for the first time
Second Reading - Debate on general principles and policy, first vote. The government administers, then the official opposition will respond with their views on the bill
Committee Stage - Line-by-line examination - committee inquires. Amendments of selection are done at this time
Report Stage - Further amendments may be proposed. All MPs can speak and suggest amendments to the bill like a new provision etc. Anything to be added or challenged
Third Reading - Bill is handed over. Amendments cannot be made at this stage
Passes to the other house - to follow the stages above again -
Consideration of amendments - limitation in making amandements and passing the bill
Royal Assent - A formality - note the difference to commencement
What are the considerations for amendments
There is the ping-pong effect and this refers to the back and forth of amendments to bills between the House of Commons and the House of Lords
