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30 Cards in this Set
- Front
- Back
- 3rd side (hint)
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What does UK legislation consist of? |
UK legislation consists of acts passed through parliament. |
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What are acts of parliament also known as? |
They are also known as statutes. |
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What three constituencies is the process made up of? |
They are a result of a process involving the House of Commons, House of Lords and the monarch.
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Who is legislation usually drafted up by? |
Most legislation is drafted by the government. |
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What do acts of parliament begin as? |
They begin as bills |
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What are public bills? |
Public bills can either be government bills or private members bills. |
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What are government bills? |
- Introduced by the government minister. - Some are controversial (reflecting the opinions of the parties in power. Others contribute to the smooth running of the country.) - There are around 40-50 bills per year. |
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What are private members bills? |
- Produced by backbench MPs, selected on ballot. (20 per year) - Very few of these bills become law. - Needs backing of government in power. E.g abortion act 1967, Labour party’s support. |
The murder act 1965, the marriage act 1994 and the computer misuse act 1990.
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What are private bills? |
- Put forward by local authorities, public corporations or large public companies. - Only affects the bodies involved. E.g. Medway council act 2004 - gave Medway council the ability to control street trading in the borough. |
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Who drafts bills? |
Bills are drafted by parliamentary counsel and lawyers specialising in drafting of bills along with the relevant government department.
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What is a green paper? |
- A consultative document. - Sets out basic proposals. - Allows comments from interested parties. |
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What is a white paper? |
- Changes made in green papers.
- Contains final proposals For example: The court and legal services act 1990 had three green papers and one white paper. |
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First Reading |
- The title is read out to the house by the government minister. - Copies are distributed and are made publically available to gain the comments of interested parties. - There is no debate at this stage. |
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Second Reading |
- The basic principles are read out to the house by the government minister/other promoter. - The house debates the whole bill, focusing on general principles. - There is a vote for or against the bill progressing past this stage. |
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Committee Stage |
- A committee is formed of 16-50 MP’s in the proportion of the MP’s currently in parliament. - A close examination is performed reading and amending each clause thoroughly. |
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Report Stage |
- The committee announce their amendments to the house and these are voted upon. - The final vote is taken which is likely to be successful. |
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Third Reading |
- The bill is introduced to the house thoroughly for one final time. - Amendments can be made by the whole house at this stage and these are final. |
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Ping Pong (Passing to the other house) |
- The whole procedure is then repeated in the said house. - If changes/amendments are made in the other house the bill must be referred back to ensure both houses come to a final overall agreement. |
Introduced in the House of Commons -> Passed to the House of Lords. Introduced in the House of Lords -> Passed to the House of Commons. |
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Royal Assent |
- This is the final stage before the bill can become an act of parliament. This is the formality of receiving consent from the monarch (the queen).
- Some laws commence when royal assent is given but some must wait for a specified date. |
- Usually the legislative process takes several months, especially when controversial but can be passed in 24 hours in emergency/urgent situations. E.g Northern Ireland Bill 1972.
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What is the role of the house of commons? |
- Most important in the process. (As an elected body.)
- Most important bills start here. - Finance bills must start in the commons. - Using the parliament acts 1911&1949, commons can defeat attempt by the lords. |
- The house or lords can delay bills for over a year meaning has more influence over the commons in the last year in a parliament’s life. |
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What is the role of the house of lords? |
> Legislation starting in the House of Lords is either not politically controversial or has a legal subject matter. e.g Access to Justice Act 1999. > Another example of legislation started in the house of lords is the Academies act 2010. |
> The house of lords is mostly a revising and debating chamber.
> At times, the house of lords has made the government rethink their proposals. e.g Terrorism bill. |
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What is the role of the crown? |
- The role of the crown is purely formal. - Any attempt by the monarch to thwart the will of the commons or the lords would not be tolerated. The last time this happened was when Queen Anne refused to pass the Scottish Militia bill in 1707. |
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Advantages of the law making system. |
- The house of commons is an elected body. - The public are able to lobby and express their views. (e.g Smoking ban 2006) - House of lords doesn't need to remain popular. - Lords contain some specialist experts on different subjects. |
- Legislative process is very thorough. - Delegated legislation means most important bills are looked at more closely. - Acts can be passed quickly. (E.g Justice act 1998 took two days and the Northern Ireland Act 1972 was passed in just 24 hours.) |
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Disadvantages of the law making system. |
- Not enough time.
- Inadequate scrutiny of legislation. - Some bills are passed too quickly. - House of lord delay passing of legislation. - Difficult to change what the governments want to achieve. |
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What is the doctrine of parliamentry supremacy? |
- As a democratically elected body, parliament is the supreme law-making body of the country. - This means that acts passed using the proper procedures cannot be challenged. - Parliament also has the power to rescind any law that has been passed. |
- No parliament can make laws that will restrict law making in future parliaments.
- Acts of parliament can also apply retrospectively (to past events) and extra-territorially (to events outside of the UK.) |
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Limits on parliamentry supremacy: Public opinion |
There are practical limits to how much parliament can do. Politicians are sensitive of public opinion and this is often reflected in law making.
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Limits on parliamentry supremacy: Entrenched laws
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These laws deal with fundamental constitutional issues and which would be difficult for future parliament to change. (For example: The legislation that extended voting rights to women and lowering the voting age to 18.)
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Limits on parliamentry supremacy: Membership of the EU |
Under the Treaty of Rome 1957, European Community law, enacted by the powers set out in treaties, takes priority over conflicting laws in member states. (To become binding, treaties have to be ratified by all member states)
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The European Communities Act 1972 incorporates this principle into UK law. Even if parliament passes an act that conflicts with EU law, EU law must prevail, as shown in the Factortame case in 1990. For areas of law not covered by the EU, Parliament is supreme.
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Limits on parliamentry supremacy: Human Rights Act 1998 |
- The human rights act came into force in October 2000.
- Incorporates Human Rights into English law. - Does not have superiority over English law and Parliament can still make laws that conflict with it. |
- Under s.19 of the Act, all bills require a statement from a government minister before the second reading in each house, stating that the provisions of the bill are compatible with the Convention or, if not, that the bill will proceed.
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What are influences on parliament? |
To be effective the law must be able to adapt to changes in society, meaning the law making process must be ongoing. There are many pressures on Parliament that try to influence the direction of these processes.
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These range from political considerations such as the party manifesto to law reform agencies to other pressure/interest groups. |
