GCSE Law WJEC

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.