Parliamentary Law Making

Law Making: Parliamentary Law Making

Learning Objectives

• Understand the way law is made by Parliament.

• Understand the influences on parliamentary law making.

• Discuss the advantages and disadvantages of influences on parliamentary law making.

• Understand the doctrine of parliamentary supremacy.

• Comment on the limitations on parliamentary supremacy.

3.1 Parliament

• A key principle in a democracy is that laws should be made by the elected representatives of society.

• In the United Kingdom, major laws are made by Parliament, which consists of:

  • House of Commons

  • House of Lords

  • The Crown

3.1.1 House of Commons

• Members of the House of Commons are elected by the electorate.

• The country is divided into constituencies, each voting for one Member of Parliament (MP).

• General elections are held every five years, and by-elections occur when an MP dies or retires during a session.

• The government is formed by the political party with a majority in the House of Commons, primarily influencing the formulation of new Acts of Parliament.

3.1.2 House of Lords

• The House of Lords is a non-elected body.

• Before 1999, there were over 1,100 members, including:

  • 750 hereditary peers.

  • Life peers (individuals conferred titles for service).

  • Judges and bishops.

• In 1999, the Labour Government reformed the membership, focusing on a nominated and elected structure.

  • Current temporary structure includes:

  • 92 hereditary peers.

  • About 700 life peers.

  • 26 senior bishops of the Church of England.

• The judges (previously members of the House of Lords) now form the Supreme Court.

3.2 Green and White Papers

• Each government minister has a department of civil servants and advisers drafting ideas for legal changes.

• Green Paper: A consultative document proposing law reform; invites comments from interested parties.

• White Paper: A document outlining firm proposals for new law, published after consideration of feedback.

• Example: The 2017 White Paper post-Supreme Court decision requiring Parliament's consultation on the EU exit (Brexit) outlined principles of sovereignty over laws.

• Consultation allows for mature consideration instead of rushed, unworkable laws.

3.3 The Formal Legislative Process

• Major legislation is made through Acts of Parliament (statutes).

• The process is lengthy and formal, requiring stages before a Bill becomes law.

3.3.1 Introducing an Act of Parliament

• Most Acts are introduced by the government, drafted by parliamentary counsel.

• Instructions on content and intended effects are provided by the responsible government department.

• A proposed Act is a Bill until it passes all parliamentary stages and receives Royal Assent.

3.3.2 Role of the House of Commons

• Bills are mostly introduced in the House of Commons first.

• If the House votes against a Bill, the Bill ends.

• Debates occur at various stages, addressing policy and specifics of the Bill.

3.3.3 Role of the House of Lords

• The House of Lords checks the House of Commons.

• Bills can be amended or rejected here.

• The Parliament Acts 1911 and 1949 allow a Bill to become law despite House of Lords rejection, under specific conditions.

  • This generally only allows delays up to one year.

  • Four occasions this procedure was used include the:

  • War Crimes Act 1991

  • European Parliamentary Elections Act 1999

  • Sexual Offences (Amendment) Act 2000

  • Hunting Act 2004

3.3.4 The Parliamentary Process

• Bills progress through the following stages in both Houses before becoming an Act:

  1. First Reading: Name of the Bill is read without debate.

  2. Second Reading: Main debate on principles, leading to a vote.

  3. Committee Stage: Detailed examination of Bill clauses by a committee.

  4. Report Stage: Amendments from the committee are debated back in the House.

  5. Third Reading: Final vote, usually a formality. If passed, goes to the opposite House for the same process.

3.3.5 Royal Assent

• The monarch gives formal approval; the process is considered a formality—no monarch has refused assent since 1707.

3.3.6 Commencement of an Act

• An Act typically comes into force the day after Royal Assent unless stated otherwise—some Acts may never be commenced, e.g., the Easter Act 1928.

3.3.7 Example of an Act of Parliament

• Illustration of the Lords Spiritual (Women) Act 2015 is provided, detailing its format, language, and sections regarding vacancies among Lords Spiritual and commencement.

3.3.8 Advantages of Law Making in Parliament

• Democratic process, open to public scrutiny through elections every five years.

• Allows for comprehensive reform in a single Act (e.g., Fraud Act 2006).

• Enables broad policy setting and delegated legislation, allowing for detailed regulations.

• Proposals undergo consultation and discussion before introduction.

• Law is certain under the doctrine of parliamentary supremacy.

3.3.9 Disadvantages of Law Making in Parliament

• Time limitations restrict comprehensive reform.

• Lengthy process can delay necessary laws.

• Complexity may render laws difficult to understand and enforce.

• Often involves amendments that require referencing multiple Acts.

3.4 Influences on Parliament

• Influences affecting law formation include political policies, public opinion/media, pressure groups, and law reform agencies like the Law Commission.

3.4.1 Political Influence

• Political parties publish manifestos ahead of elections, outlining proposed reforms.

• The majority party formed after an election influences legislative proposals during its term.

• The Queen’s speech at the session's start presents government's law plans.

3.4.2 Public Opinion/Media

• Strong public opinion can shape legislative responses, particularly near election times.

• The media spotlight issues, like tragic events prompting law changes (e.g., Dunblane shooting leading to handgun bans).

  • Advantages: Free press can criticize and inform about government issues.

  • Disadvantages: Knee-jerk reactions can lead to poorly drafted laws (e.g., Dangerous Dogs Act 1991).

3.4.3 Pressure Groups

• Two types: sectional (represent specific groups) and cause (promote specific causes).

• Successful lobbying can lead to law changes, e.g., reducing age of consent for homosexual acts in private.

  • Advantages: Raise awareness of diverse issues.

  • Disadvantages: Can impose minority views, creating conflict (e.g., hunting laws).

3.4.4 Law Reform Bodies

• The Law Commission is a key advisory body, researching and suggesting reforms and draft Bills to Parliament.

  • Advantages: Provides expert analysis of laws, whole areas considered.

  • Disadvantages: Recommendations may not be implemented due to prioritization issues.

3.5 The Doctrine of Parliamentary Supremacy

3.5.1 Definition

• Defined by A.V. Dicey:

  1. Parliament can legislate on any subject.

  2. No Parliament can bind its successors or pass laws binding future Parliaments.

  3. No other body can override an Act of Parliament.

3.5.2 Limitations on Parliamentary Supremacy

• Self-imposed limitations through:

  • Human Rights Act 1998: Laws must align with European Convention on Human Rights.

  • Devolution: New Scottish and Welsh Parliaments allowed to legislate independently on certain issues.

  • EU Membership: EU law takes precedence; example seen in Merchant Shipping Act 1998 ruling.

Key Terms

• Green Paper: Consultative document proposing law reform.

• White Paper: Document stating government’s firm proposals for law reform.

• Bill: Draft law before it becomes an Act.

• Private Members' Bill: Legislation introduced by MPs not in government, often facing challenges to pass.

• Public Bill: Legislation affecting public policy affecting the whole country.

• Private Bill: Legislation affecting individuals or specific organizations.

• Hybrid Bill: Legislation affecting specific groups while generally introduced by government.

Summary

• Acts of Parliament are generated through a structured process requiring stages across both Houses.

• Influences on Parliamentary law-making include political motives, media/political climate, public sentiment, and organized pressure groups.

• Parliamentary supremacy characterizes UK law; however, there are self-imposed limitations in practice.

Check Your Understanding

1. What is the correct term for a draft Act of Parliament?

   • A) Green Paper

   • B) White Paper

   • C) Bill

   • D) Report

2. Explain two limitations on parliamentary supremacy.

3. Explain one influence on Parliamentary law making and discuss its importance to the process.