4: Parliamentary Law Making

• Parliament consists of the House of Commons, House of Lords and the Monarchy
• House of Commons

  650 MPs claim their seat by winning an election every 5 years in their constituency
• House of Lords

  3 Types of Lords:

  1. 91 Elected Hereditary Peers - 75 of them elected by fellow peers
  2. Life Peers - nominated by the Prime Minister, cannot retire
  3. Senior Bishops in the Church Of England
• Pre-Legislature Process

  1. Green Paper - used to propose an idea
  2. White Paper - final, firm proposal
• Formal Legislature Process

  When introducing an Act of Parliament, the following takes place:

  • Bills
  • Private Members' Bill (proposed by individual MPs)
  • Ballot
  • 10 minute rule (at the beginning of Private Members Bill)
  • Public Bills (issue affects whole/majority of the country)
  • Private Bills (issue affects small section of the country)
  • Hybrid Bills (affects organisation/place)
• Parliamentary Process (stages 1-5)

  1. Bill is drafted
  2. First Reading (name of the Bill read out)
  3. Second Reading (MPs main debate on the Bill)
  4. Committee Stage (16-50 MPs analyse each section of the Bill)
  5. Report Stage (Committee reports back to House of Commons on any amendments, then debated)
• Parliamentary Process: (stage 6-9)

  
  

  6.Third Reading (House of Lords check amendments and pass Bill back to Commons)

  
  

  7. House of Lords - make changes to draft law, might be back and forth between Houses (Ping-Pong effect)

  
  

  8. House of Commons - If Lords make changes, Commons either make more changes, agree or reject and send back to Lords

  
  

  9. Royal Assent - When Houses agree, Bill is approved by Monarch and becomes law (only a formality, not infront of them)
• Advantages of Parliamentary Process

  Thoroughly analysed

  Reliable

  Organised process ensures validity

  Encourages rule of law
• Disadvantages of Parliamentary Process

  Time-consuming, back and forth between Houses

  Bills can be rejected by House of Lords

  May focus more on Private Members Bill than Public

  Parliament may not deal with every proposal as they are busy

  Complex
• Limitations on Parliamentary Supremacy

  Effect of EU Citizenship - EU Laws used to take priority over UK Laws

  Effect of Humans Rights Act 1998 - all laws have to be compatible with the Convention of Human Rights

  Devolution of Parliament - Scotland and Wales can make laws on matters for their own country without Parliament approval
• Influences on Parliamentary Law-Making

  Government - they announce what laws it intends to introduce at the start of each parliamentary session

  Proposals from Law Reform Agencies

  Specific Events - 9/11, terrorism

  Public opinions/ media - Harvey's law

  Pressure groups - non-political groups with a common purpose