House of commons = the elected chamber in parliament and comprises of MP's who control the proceedings.
The Government = The party that have won the general election, giving them the power to make laws.
House of lords = 2nd chamber in parliament and consists of unelected life peers + bishops.
Early stages of the legislation process :
Idea stage
Consultation stage
Green paper - a discussion document that sets out the idea of the new law.
White paper - finalised version of the idea is made as a white paper which is the government's 'statement of intent'.
Drafting stage - idea is written into legal terms and is ready to be presented to parliament.
type of bills :
Private Bills
Don't usually effect the whole country. it may be introduced by a large company or local council that require an act of parliament
Public bills
government bills - Government pass majority of bills. they may get new laws from different sources eg, manifesto promises or public protests etc.
Public bills
Private members bill - These are put forward by backbench MP's. They put their name in a ballot and every year 20 are pulled out. The selected ones are then able to explain their bill for 10 minutes. In this time other MP's may waste time through false argument = filibustering, Sydney Silverman, abolished death penalty.
Legislative process
First reading - title of bill is read out
second reading - whole house debates bill. if there's a division a vote will be called.
committee stage - bill is then scrutinised by the public bill committee.
report stage - PBC report back to house with proposals for change. each change is debated.
Third reading - Final read through
This process is then repeated in the other house.
House of lords - they can suggest changes to the bill but the HOC doesn't have to make the changes because the HOL doesn't have the power to prevent a bill being passed.
The final step in the legislative process is the royal assent. The bill becomes an act of parliament once the king has signed the bill.
Advantages of the legislation process
takes a long time - enables it to be checked for errors.
1st reading allows opposition to prepare arguments.
The whips ensures the MP's vote within their party.
PBC check for errors.
HOL contains experts that act as a 'safety net' and make sures no errors will be unnoticed.
HOL cannot prevent a bill becoming law.
Private member's bill allow backbench MP's to create laws.
Disadvantages of the legislation process
long process - some bills run out of time or some are rushed. Eg dangerous dogs act 1991.
Professor zander said the first reading was a waste of time.
HOL is unelected - undemocratic.
The role of the king is no more then tradition, he cannot refuse to sign a bill.
The ballot restricts the number of Private member's bills that can be considered. - 20
10 min rule prevents most from getting the chance to fully explain their idea and other MP's can waste time.