Legislation

• Parliament

  • HOC/ HOL/ Monarch
  • sovereign law making body- takes precedence
  • HOC- 650 MPs (currently 649) 225 women, 424 Men- democratically elected from each constituency in a GE every 5 years unless snap.
  • HOL- 785 unelected lords - 667 life peers appointed by monarch from PM recommendation e.g. Baroness Helen new love/ 91 hereditary HOLA 1999 abolished this/ 26 arch-bishops- lord’s spiritual (women’s) act 2015 allowed women to fill these roles
  • Pre CRA 2005 12 senior judges in HL chamber and court, now just SC
• Pre legislative process

  • Green paper- proposal/ ideas issued by minister responsible
  • white paper- formal, firm proposal. Parliamentary counsel to the treasury format it legally, helps reduce knee jerks e.g. dangerous dogs act 1991
  • Bills: public bills- proposed by gov minister, apply countrywide e.g. pace 1984/ private bills- proposed by a local authority/ public corporation e.g. university college London act 1996/ private members bill- proposed by individua MPs (country wide/ smaller group) made by ballot e.g. abortion act or 10 minute rule
• Bill to an act

  • First reading - start in either house, bill formally introduced/ vote occurs
  • second reading - aims of bill discussed and voted upon
  • committee stage - detailed examination, reports to the full house
  • report stage - amendments discussed
  • third reading - final vote taken
  • second house + ping pong - process repeated then changes shared between houses until both agreed upon
  • royal assent - royal assents act 1967 usually enacted at midnight day of assent unless stated otherwise e.g. HRA 1998 (2000)/ Easter act 1928 never in force
• Parliament acts 1911 & 1949

  • Solves disagreements between HC & HL
  • If HL vetos a bill, HC can reintroduce the bill again 1 year later if it successfully passes through HC again it can proceed straight to royal assent
  • e.g. war crimes act 1991/ hunting act 2004
• limitations on sovereignty

  • Membership of EU- European communities act 1972 stated EU laws took priority - European Union (withdrawals) act 2018 repealed this
  • Human Rights Act 1998- judges must interpret law in a compatible manner (s.3) and highlight incompatibilities (s.4)
  • devolution- decentralisation of governmental power
• Influences

  • Government policy- within manifesto
  • law commission - politically neutral, reviews laws e.g. law commission act 1965/2009
  • public opinion/ media- Gina Martin: up skirting- voyerism act 2019
  • pressure groups- league of cruel sports- led to hunting act 2004/ fathers 4 justice (ignored due to illegal activities)
  • lobbying- public can meet an MP in lobby/ professional lobbyists
  • real life events- 9/11 leads to anti terrorism crime and security act 2001
• Evaluation 


  + democratic laws

  + debate

  + consultation

  + full reform

  + certain

  -complex language

  -over elaborate

  -illogical structure

  -time taken to make law

  -lack of accessibility