Legislative process

• The ideal state should be split into three groups: Legislative (Parliament), Judiciary (Judges) and Executive (Government)
• Parliamentary sovereignty is the idea parliament is supreme.

  • Parliament is highest legal authority and can make law on anything it wants
  • Court cannot overrule an Act of Parliament and an individual cannot challange an Act of Parliament
  • No parliament can bind future parliament
• What are the 3 limits to Parliamentary sovereignty?

  Devolution

  Human Rights Act 1998

  European Union Membership
• However all limitations were enacted by parliament and can be repealed by Parliament so Parliament is still supreme. E.g. EU Withdrawal Agreement 2020.
• Parliament is made up of 3 parts: The Three branches of state

  1. House of Commons
  2. House of Lords
  3. Monarch
• What are the two chambers?

  House of commons and House of lords
• The house of commons is made up of 650 elected MPs.

  MPs represent a particular political party, or stand as independant candidates.

  The Government is the party in the House of commons who are in power at the time, the party in power is the one who won majority votes at the last election.

  They are the most powerful part of parliament - created the Parliaments Act 1991 and 1949 which state that they do not need agreement of the Lords to pass legislation.
• The house of lords aims to find problems, make corrections and suggest ammendments to legislation.

  They are made up of 26 Bishops, 92 Hereditary peers, and 682 life peers.

  The HOL Act 1999 stopped hereditary members of the Lords.
• The Monarch governs the country.

  The consitutional monarch King Charles III is Head of state, he is the figure head, but his powers are limited by laws and customs.

  Head of the Armed forces, church of england and the legal system.
• The Government decide what issues it wants to legislate on by its Manifesto, Public opinion, media, pressure groups and response to economic or social change.
• The Manifesto is a document containing all the ideas and laws a political party wishes to change once they are in power.

  E.g. Conservative 2015 manifesto included a promise to hold a referendum on EU membership.
• The green paper stage is a consultation document of all the laws that could be introduced or need to be reformed, it is a general idea about new law.
• The white paper is a document which looks like the intended law that wants to be proposed, it is like a draft.
• What are the 3 types of bill?

  Public bill

  Private members bill

  Private bill
• A Public bill is a proposed law which would apply to everyone within its jurisdiction (general population).

  For example, Dangerous Dogs Act 1991.

  These are generally proposed by the Government minister.
• A Private members bill are bills that are introduced by individual MPs or Lords, rather than the government.

  They aim to change the law, as it applies to the general population.

  E.g. Abortion Act
• A Private bill is promoted by organisations like local authorities to give themselves power beyond or in conflict with general law.

  They aim to change the law as it applies to specific individuals, rather than the general population.

  E.g. London Underground Smoking Ban
• What are the stages to making an Act of Parliament?

  1. First reading - The title is read to the HOC
  2. Second Reading - Proposals fully debated - MPs vote whether to proceed
  3. Committee stage - Detailed examination, any amendments made
  4. Report stage - Committee reports back to the house - Vote
  5. Third reading - Bill re-presented to the House - Vote
  6. Ping pong - Ammendments are sent back to Commons for approval - HOL cannot block legislation (Parliament act 1911/49)
  7. House of Lords - Final Vote
  8. Royal Assent - Monarch approves legislation and it becomes law
• What do Parliament Acts 1911 and 1949 allow?

  The above acts allow Royal assent to be given without approval of the Lords.

  Hunting Act 2004 - The Countryside alliance challenged to the use of the Parliament Act 1949 to bring in the hunting act.

  The alliance did this as they did not want fox hunting with dogs to become illegal.
• The parliament passed the Human Rights Act 1998 to legally bind us to follow the ECHR. This allows the court and individuals to challenge an act on the grounds of human rights.