Law-making
Law-Making
Parliamentary Sovereignty
- Parliamentary Sovereignty refers to Parliament's ability to make, change, or reverse any law.
- House of Commons, House of Lords and the Monarch collectively make up the Parliament.
- All laws, once passed by Parliament are supreme and cannot be overruled by any other body.
The Role of The House of Commons in Law-Making
- The House of Commons primarily originates and debates on public bills and laws.
- It is made up of elected MPs who represent the nation's constituencies.
- The Majority Government has significant influence over the legislative process due their superior voting strength.
The Role of The House of Lords in Law-Making
- The House of Lords scrutinises bills that have been passed by the House of Commons.
- It can suggest amendments but cannot veto or block legislation.
- Its members are appointed and it consists of Life Peers, Bishops, and Hereditary Peers.
The Role of The Monarch in Law-Making
- The Monarch provides royal assent to a law, which is the final stage of the legislative process.
- Refusal to provide royal assent is extremely rare.
- The Monarch also formally opens and closes Parliament and signs bills into law.
The Legislative Process
- New laws originate from a Bill, which undergoes a series of stages before becoming an Act of Parliament.
- Bill reading stages include the First Reading, Second Reading, Committee Stage, Report Stage, and Third Reading.
- The Bill then proceeds to the other House to undergo similar stages.
- After both Houses agree on the content of the Bill, it proceeds to the Monarch for royal assent.
- Once the Royal Assent is given, the Bill becomes an Act of Parliament and is a law.
Types of Bills
- There are two types of bills - Public Bills and Private Bills.
- Public Bills apply to the entire country, while Private Bills only apply to individuals or groups.
- Government Bills are proposed by ministers on behalf of the Government.
- Private Members' Bills are introduced by MPs or Lords who are not Government ministers.
Delegated Legislation
- Delegated Legislation allows others aside from Parliament to make or alter laws.
- It is used as it saves Parliamentary time, involves technical expertise and allows for flexibility.
- Types of Delegated Legislation include Orders in Council, Statutory Instruments and By-Laws.
- Delegated Legislation can be controlled by Parliament and the Courts.
The European Union and Law-Making
- Until Brexit, EU law dominated in cases where it conflicted with UK law.
- The European Court of Justice interprets EU law.
- Post-Brexit, existing EU laws in the UK will be reviewed and possibly amended or repealed.