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Law Making&Reform
Unit 1
Question | Answer |
---|---|
What is our law making body called? | The Legislative |
Who does Parliament consist of? | House of Commons, House of Lords, the Monarch |
Who sits in the House of Lords? | Lords Spiritual (senior bishops) and Lords Temporal (hereditary peers and life peers) |
Private Bill | Affect an individual/corporation. E.g. University College London Act 1996. Requirement that you have to tell the people it affects |
Public Bill | Affect the whole country or a large part of it. E.g. Criminal Justice Act 2003, Tribunals Courts and Enforcements Act 2007 |
Private Members' Bill | Introduced by Lords or backbench MPs. E.g. Abortion Act 1967, Marriage Act 1994. Introduced by ballot, through the 10 minute rule or through presentation. |
Hybrid Bill | Cross between Public and Private Bill: affect general public but have more significance for certain groups. E.g. Crossrail Bill 2005 |
Passage of a Law | Green paper, White paper, First reading, Second reading, Committee stage, Report stage, Third reading, House of Lords, Royal Assent, Commencement. |
Green Paper | Tentative proposal for decision, outlines the proposal. Allows for debates and question time in Parliament. Government reviews all comments and makes revisions of necessary. |
White Paper | Firm proposal for new law. Includes recommendations, made up from amended proposals following the consultations. Presented to the house. |
First Reading | Purpose of the bill read out by the government minister who proposed the bill |
Second Reading | Main debate and vote |
Committee Stage | Detailed look by the standing committee, may take expert advice. Amendments are made. |
Report Stage | Back in house after amendments |
House of Lords (Ping Pong Stage) | The bill is sent to the House of Lords for the same treatment. Bill goes backwards and forwards until they agree. |
Royal Assent | The bill is sent to the monarch for their agreement. Bill becomes an Act of Parliament. |
Commencement | States when the law comes into place. Moat have set dates or gives responsibility to a minister to bring the act into force. |
Parliament Act 1911 | Removed power of House of Lords to veto a bill unless it is one to prolong the lifetime of Parliament. S2 states that HoL can delay a bill for 2 years, finance bills can only be delayed for one month, reduces the lifespan of parliament from 7 to 5 years. |
Parliament Act 1949 | Reduced delaying power of House of Lords to one year |
4 times Acts have been passed without the consent of the HoL | War Crimes Act 1991, European Parliamentary Elections 1999, Sexual Offence (Amendment) Act 2000, Hunting Act 2004 |
Dicey's definition of Parliamentary Supremacy | P can legislate on any subject, isn't bound by any previous P, can't pass an Act which binds future P, no body has the right to override or set aside an AoP, cannot be challenged and must be applied in courts.can be retrospective e.g War Crimes Act 1991 |
Limitations of our Supremacy | EU laws take priority over UK laws (we can leave if we want to), devolution of powers to Scotland, Wales and NI (can remove devolution |