legislative process

• Three separations of powers

  Legislative

  Executive

  Judiciary
• separation of powers - legislative

  .Parliament make and remove laws in the UK

  .Supreme law making bodies

  .Parliament is made up of the House of commons, house of lords and monarch
• Sources of law - Executive

  .Government ministers (MPs)

  .Implement the law that Parliament makes and decide policy

  .MPs sit in the House of Commons and they are elected
• Separation of powers - Judiciary

  .Judges

  .They uphold the law and apply it in court

  .They must remain impartial
• Reason for the separation of powers

  The separation of powers stops anyone having too much power and stops a conflict of interest.
• Parliament sovereignty

  .There are three parts to Parliament Sovereignty : 

  -Parliament has the highest legal authority and can make law on anything it wants

  -Courts cannot overrule an Act of Parliament and an individual cannot challenge an Act of Parliament

  -No Parliament can bind a future Parliament (depending on who is in power at the time, new laws can be created and removed)
• Limits to Parliament Sovereignty

  -Devolution

  -Human rights Act 1998

  -European Union Membership

  .However, all of these limitations were enacted by Parliament and can be repealed by Parliament so Parliament is still supreme. E.g. European Union (withdrawal agreement) act 2020
• The legislative process

  .Parliament is made up of three parts : 

  -House of commons

  -House of Lords

  -Monarch

  .These are known as the three branches of state

  .There are two chambers : House of Commons and House of Lords
• House of commons

  .This is the most powerful part of Parliament 

  .650 elected members of Parliament (MPs)

  .MPs represent a particular political party (or stand as an independent candidate)

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

  .Parliaments act 1911 & 1949 says that the House of Commons does not need the agreement of the House of Lords for royal assent  e.g. Fox hunting Act 2004 was an act that was brought in against the House of Lords wishes
• House of lords

  The House of Lords is made up of : 

  -26 Lords Spirituals (Bishops)

  -92 Hereditary peers (2 by right and 90 elected for life)

  -682 Life Peers (people who have earned their title and right to be in the house e.g,. Lord Alan Sugar)

  .The House of Lords is the second largest legislative body in the world

  .The House of Lords act 1999 got rid of hereditary peers 

  .The House of Lords Reform Act 2014 debates whether people in the House of Lords should be voted by the public. 
• Monarch

  .Constitutional Monarch - King Charles /// is Head of State

  .Figurehead

  .Powers limited by laws and customs

  .Head of : 

  -Armed forces

  -Church of England

  -Legal system ( R V Defendants surname : R= Rex (king) R=Regina (Queen)

  .The country is governed in his name 
• Pre-legislative process

  .Stage 1 : manifesto - a document containing all the ideas and laws a political party wishes to change/include once they are in power e.g. Conservative 2015 manifesto included a promise to hold a referendum on EU membership

  .Stage 2 : green paper - consultation document of all the laws that could be introduced or need to be reformed 

  .Stage 3 : white paper - firm plans for a new law are written out clearly. This is called a bill which is what all laws begins
• Types of bills

  .Public bill - a law that applies to everyone e.g. HUman rights act 

  .Private members bill - a law brought in by an MP passionate about that area e.g. Abortion Act 1967

  .Private bill - a law that applies to certain individual groups e.g. clean air zones
• Making an act of Parliament

  .Stage 1 : first reading

  .Stage 2 : second reading

  .Stage 3 : committee stage

  .Stage 4 : report stage

  .Stage 5 : third reading

  .Stage 6 : House of Lords

  .Stage 7 : Ping-Pong

  .Stage 8 : House of Lords

  .Stage 9 - royal assent
• First reading

  .Stage 1 : first reading - title is read to the House of Commons and the main aim of the law is reiterated to the house
• Second reading

  .Stage 2 : second reading - this is where the main debate takes place and the MPs vote on whether to proceed
• Committee stage

  .Stage 3 : committee stage - detailed examination occurs where the bill is read line by line to ensure there are no loopholes. Amendments are also made at this stage
• Report stage

  .Stage 4 : report stage - the committee reports back to the house and the MPs will vote by entering through particular doors depending whether they vote to continue or not
• Third reading

  .Stage 5 : third reading - bill is re-presented to the house and another vote occurs
• House of lords

  .Stage 6 : House of Lords - similar procedure happens again but in the House of Lords
• Ping Pong

  .Stage 7 : Ping-Pong - amendments are sent back to the House of Commons for approval. The House of Lords however cannot block legislation (Parliaments Act 1911 & 1949 e.g. fox hunting act 2004)
• House of lords

  .Stage 8 : House of Lords - final vote takes place
• Royal assent

  .Stage 9 - royal assent - the monarch approves the legislation and it becomes law. (normally, the monarch will never say no. The last time a monarch said no they were beheaded)
• Parliament act 1911 & 1949


  .Parliaments act 1911 & 1949 says that the House of Commons does not need the agreement of the House of Lords for royal assent

  .e.g. Fox hunting Act 2004 was an act that was brought in against the House of Lords wishes

  .e.g. R V Attorney General - countryside alliance was trying to challenge the use of Parliament Act 1949 to bring in the hunting act. The countryside alliance challenged the use of the HUnting Act 2004 as thy didn't want fox hunting with dogs to be illegal.
• Advantages of the law making process

  .Several opportunities for debates and checks. The House of Lords are a good check as many peers are independent of the Government and have expertise and knowledge (e.g. a life peer can share knowledge others may not have )

  .Laws are made by elected MPs who act on behalf of their constituent (local matters will be heard in Government)

  .Laws can be made by different types of bills which look after different interests

  .Money bills have to be introduced by the House of Commons and the House of Lords can only delay passing for a short time.
• Disadvantages of the law making process

  .As ruling Government has the most seats in Parliament, they will win most debates

  .Very few private members bills get through

  .Government can pass a law even if the House of Lords reject it by using Parliaments Act 1911 & 1949
• Disadvantages of the law making process

  .Process can take a long time as there are ay stages (approx most bills take up to a year to become law)

  .The King and House of Lords are not elected but can block acts

  .MPs face ‘whip’ where they have to vote with what the party says and not their constituents

  .Acts are not easy to read and often drafted badly (Dangerous Dogs Act 1991)