Parliamentary Law Making

What is Parliamentary Law Making?

• Parliament is made up of three parts:

  1. House of Commons (elected MPs),

  2. House of Lords (appointed members, like experts),

  3. The Crown (King or Queen).

What is Parliamentary Sovereignty?

• Parliamentary Sovereignty means that Parliament is the highest law-making authority in the UK. It can make, change, or remove any law. No one, not even the courts, can tell Parliament what it can or can’t do. This makes Parliament "supreme."

• It means Parliament can make, change, or remove any law at any time. No one, not even the courts, can tell Parliament it’s wrong.

Is the UK Constitution unwritten?

• Yes, the UK does not have a single written document like some countries. Instead, the laws, traditions, and agreements that have developed over time make up the UK constitution.

Limitations on Parliamentary Sovereignty:

1. Devolution: Some powers have been given to governments in Scotland, Wales, and Northern Ireland. They make some of their own laws.

2. EU Law (before Brexit): EU laws used to take priority over UK laws.

3. Judicial Review: Courts can check if laws follow human rights, but they can’t overturn laws made by Parliament.

4. Political Pressure: Public opinion, political parties, or pressure groups can influence what laws Parliament decides to make.

Pre-Legislative Process (Before a Bill is Introduced)

1. Manifestos:

   • Before elections, political parties release manifestos. These are promises or plans for laws they want to make if they win. Think of it like a to-do list for the government.

2. Green Paper:

   • This is like a draft idea for a new law. It’s released for public feedback, so people can suggest changes or improvements.

   • The government is trying to get people’s opinions before deciding exactly what the law should look like.

3. White Paper:

   • After getting feedback on the Green Paper, the government releases a White Paper. This is a more detailed version of the plan, showing what the government intends to do with the law. It might even include the actual text of the proposed Bill.

What Are The Types of Bills?

1. Public Bills (most common):

   • Government Bills: These are the Bills the government introduces, like a law the government wants to make or change. Most laws passed in the UK are Government Bills.

   • Private Members’ Bills: These are introduced by MPs who aren’t in the government. They have less chance of becoming laws unless the government supports them.

2. Private Bills:

   • These affect specific people, places, or organizations. For example, a Bill that allows a company to build a new building on its land.

3. Hybrid Bills:

   • These are a mix of the two. A Hybrid Bill is introduced by the government but only affects a specific group, like a company or a local area. Example: The Crossrail Act 2008, which allowed the building of Crossrail in London.

What is the Legislative Process (How a Bill Becomes a Law)

A Bill has to go through several stages in both the House of Commons and the House of Lords. It’s a long process to make sure the law is good.

In the House of Commons (Where most laws start)

1. First Reading:

   • This is the very first time the Bill is introduced. It’s mostly just to let people know what the Bill is about. There’s no debate here.

2. Second Reading:

   • This is the first chance for MPs to debate the main ideas of the Bill. They decide if they agree with the overall idea behind the Bill.

3. Committee Stage:

   • A group of MPs looks at the Bill in detail. They go through it line by line, checking each part carefully. They can suggest changes or improvements.

4. Report Stage:

   • After the Committee has made changes, the Bill goes back to the whole House of Commons. MPs debate and vote on these changes.

5. Third Reading:

   • This is the final chance for MPs to debate the Bill. After this, the Bill moves to the House of Lords for them to review.

In the House of Lords

1. First Reading:

   • Just like in the Commons, this is a formal introduction of the Bill. No debates happen yet.

2. Second Reading:

   • The Lords debate the general idea behind the Bill.

3. Committee Stage:

   • A smaller group of Lords examines the Bill in detail, just like the MPs did in the Commons.

4. Report Stage:

   • The Lords debate any changes that have been made to the Bill.

5. Third Reading:

   • The Lords debate the final version of the Bill. If they agree, they send it back to the House of Commons.

6. Consideration of Amendments:

   • If the Commons and Lords disagree about any parts of the Bill, they keep sending it back and forth (this is called "ping pong") until they agree.

7. Royal Assent:

   • If both Houses agree, the Bill is sent to the King (or Queen) for approval. Once they approve, it officially becomes law.

Differences Between the Commons and Lords

• Commons: The MPs in the House of Commons often have more power. The government usually has a majority in the Commons, which means the Bills introduced by the government are more likely to pass.

• Lords: The House of Lords doesn’t have as much power to block laws. They can delay them, but they can’t stop them forever. The Parliament Acts of 1911 and 1949 say that if the Commons passes a Bill twice, the Lords must accept it.

The Role of the House of Lords in Delaying a Bill

• The House of Lords can delay a Bill, but they can’t stop it forever. If the Commons insists on a Bill, even after the Lords send it back with changes, the Bill can still pass. This is because of the Parliament Acts. The Lords can only delay it for up to a year, but after that, the Commons can push it through anyway.

Law Reform and Influences on Parliamentary Law Making

see other flashcard… it basically talks about:

• Law Commission: A group of experts that suggests improvements to the law. They can recommend changes, but only Parliament can actually make the changes.

  • Example: The Coroners & Justice Act 2009 reformed the law around provocation, replacing it with the "loss of control" defence.

• Pressure Groups: Groups that try to influence Parliament to make changes, like the Snowdrop Campaign that led to stricter gun control laws after the Dunblane Massacre.

• Media Influence: The media, like newspapers and TV, can raise public awareness and put pressure on Parliament to change laws. For example, the media helped bring attention to the parliamentary expenses scandal.

Advantages of Parliamentary Law Making

• It’s a transparent process, meaning the public can see what’s happening and have their say.

• Laws can be updated when society changes.

Disadvantages of Parliamentary Law Making

• The process can take a long time, and laws may not be perfect.

• Political influence can sometimes result in laws being made quickly, without enough debate.