Parliamentary Law Making Questions - PowerPoint Presentation

Slide1

Parliamentary Law Making Questions

Knowledge and Understanding

Outline the meaning and purpose of green and white papers (half a question – 5 marks)

Describe the legislative process in Parliament, including the role of the Crown (10)

Discuss the law-making process in Parliament (10)

Outline the law-making process in the House of Commons (half a question – 5 marks)

Outline the law-making process in the House of Lords (half a question – 5 marks)

Outline the doctrine of Parliamentary Supremacy (Sovereignty) (half a question – 5 marks)

Briefly explain what is meant by the doctrine of parliamentary supremacy. Outline one limitation on this doctrine (10

)

Evaluation

Briefly discuss advantages and disadvantages of the legislative process in Parliament (10 marks)

Outline disadvantages of Parliamentary law making (10)

Discuss advantages of the law-making process in Parliament (10)Slide2

Outline the meaning and purpose of green and white papers (half a question – 5 marks)

Both Papers

precede

the publication of a Bill

Green Paper

:

Meaning

– issued by Government departments to

gain views

about proposed legislation of a variety of interested bodies and people

Often outlines

several alternative policy proposals

Purpose

– initial

consultation document

– responses may be, but do not have to be, acted on

E.g. High Speed Rail – issued March 2010

setting out Government’s proposal for high-speed rail line from London to the North

White Paper:

Sometimes issued without a preceding Green Paper

Meaning

– to set out Government’s preferred approach to a future piece of legislation

Purpose – not for consultation, but views of interested parties may be expressed and taken into account

E.g. “Putting Victims First – more effective responses to anti-social behaviour” issued in May 2012 dealing with anti-social behaviour

They are NOT part of the formal legislative processSlide3

Describe the legislative process in Parliament, including the role of the Crown (10)

Discuss the law-making process in Parliament (10)

Different types of Bills

Introduction of Bill by a Minister (if a Government Bill) or a promoter (if a Private Member’s Bill

)

House of Commons

Order of readings

House of Lords

Revising chamber – looking at legislation passed by Commons

Order of readings

Ping-pong

procedure if Bill has been amended, in conjunction with

HoC

until final decision reached on wording of clauses

Parliament Acts 1911 and 1949

Crown

Constitutional role of the Queen in Parliament and effect of Royal Assent bringing a bill into force

DO NOT mention green and white papersSlide4

Bills and How they are Introduced

Public Bills

– most common

–affect

the

whole country

.

Two types:

Government Bills

– introduced by a

government minister

:

Some are

controversial

e.g

. current

Welfare

Bill;

Some in

response to a specific incident

– e.g.

Football (Disorder) Act

2000;

Some for

smooth

running of the country

– e.g.

Access to Justice Act 1999

.

Approximately

30-40 Government Bills a year

– most become law

Private Members’ Bills

–

backbench

MPs

whose names have been selected in a

ballot

(20 each year) or

Peers

in the House of Lords

.

Few ever become law

due to the shortage of Parliamentary debate

time.

To be successful, they must have the

support of the government

– e.g.

Abortion Act

1967

,

Murder (Abolition of Death Penalty) Act 1965

,

Marriage Act 1994

,

Computer

Misuse Act 1990

.

Private Bills

– affect only

specific individuals, organisations or areas.

e.g

.

Medway Council Act 2004

Hybrid Bills

– alter the

general law

but

particularly affect a small number of people

– e.g.

The Channel Tunnel Act 1987

and

HS2 Bill 2013

The Bill is introduced into Parliament either by the Government Minister responsible (if a Government Bill) or by the promoter (if a Private Member’s Bill)Slide5

Readings in House of Commons

Starts in either House of Commons (most frequently and always if a finance Bill) or House of Lords. Slide6

Readings in House of Lords

Made up of:

Hereditary Peers

– inherit their title

Life Peers

– awarded a peerage because of their contribution to society or politics e.g. Lord Alan Sugar – peerage ends on death

26

Bishops

of the Church of EnglandSlide7

Process of a Bill Through Parliament-

If Bill was started in the House of Commons it then

passes

to the House of Lords (or vice versa).

Same procedure followed in the other House

If

House of Lords makes amendments

to a Bill that has already passed through House of Commons, the Bill is

referred back to the Commons

to consider the amendments. Approximately

90% of Lords’ amendments are accepted by the Commons

. Can go

back and forth in this way

. Often referred to as

‘Ping Pong

’.

Amending Role

- at times, House of Lords has made the Government rethink its proposals - e.g. forced Government to amend its plans in the

Terrorism Bill in

2005

Parliament Acts 1911 and 1949

-

If

House of Lords rejects a Bill it can still become law

provided it is reintroduced to the House of Commons in the next Parliamentary session and passes all the stages again – this means the

House of Lords can delay a Bill by a

year,

BUT –

not

allowed to delay finance Bills

Power is rarely used – only used 5 times e.g.

War Crimes Act 1991 and Hunting Act

2004Slide8

Role of the Crown

Royal Assent

Once

Bill passed successfully through all stages in both Houses it has to receive Royal Assent

– formal consent of the Monarch

(this is

usually given by the Speaker in the House of Commons

rather than the Monarch herself

)

Purely

formal role

Any attempt of the monarch to thwart the will of the Commons and Lords wold not be tolerated

Not happened since

1707

when Queen Anne refused to pass the

Scotch Militia

Bill

Act of Parliament may come into force when Royal Assent given or at another specified date in the

future

Key functions in Parliamentary law-making:

Open each Parliamentary session

– ceremonial event where the monarch makes a speech prepared by the Government outlining the legislative proposals for the coming session

Give

Royal Assent to all legislation

Appoint and dismiss the Prime MinisterSlide9

Outline the doctrine of Parliamentary Supremacy (Sovereignty) (half a question – 5 marks)

The idea that our Parliament is the supreme law-making body in the country – can’t be overruled by anyone else

Established in

Bill of Rights 1689

Explained by

Dicey (1885)

– as a

democratically elected

body, Parliament is the

supreme law-making body in the country

“Parliament…has…under the English constitution, the

right to make or unmake any law whatever

…and that

no person or body is recognised by the law of England as having a right to override

or

set aside the legislation

of Parliament”

Parliament can

make law on any topic

Legal Sovereignty

– Acts of

Parliament ar

e the highest form of law and

must be applied by the courts

and override any judicial precedent or previous Acts of Parliament

Political Sovereignty

–

new Parliaments can legislate on any subject matter and Parliament can not bind its

successors (

can’t make laws restricting law making in future

Parliaments). The

electorate can vote a Parliament out at the next

election

DO NOT talk about limits on Supremacy Slide10

Briefly explain what is meant by the doctrine of parliamentary supremacy. Outline one limitation on this doctrine (10)

Same as previous slide +

One Limitation:

EU Law OR

Human Rights Act

Use examples of cases Slide11

Limits on Sovereignty – the EU

European Communities Act 1972

– membership of the European Union takes priority over conflicting laws in member

states -

if an EU law conflicts with a UK law, the EU law is the one that counts

S2(1)

– all provisions of EU law have the

force of law in the UK

S2(4)

– UK Acts of Parliament are

subject to directly applicable EU law

(any laws dealing with the same issue)

Costa v ENEL

–

both

pre-existing Acts and those made in the future must comply with EU law

Factortame

-

If Parliament passes an Act which conflicts with EU law, EU law must prevail

- the courts must

set aside

the Act of Parliament and follow the EU law (contrary to the principle of legal sovereignty)

Areas of law not covered by the EU, Parliament is supreme

ECA

could be

repealed

– as is the focus of the current debate on EU membership and the referendum which will take place by 2017Slide12

Limits on Sovereignty – Human Rights

Human Rights Act 1998

– incorporates

European Convention on Human Rights into English law

– but Convention does not have superiority over English law and Parliament can still make laws that conflict with it

S19

– Government minister must

declare before a Bill is given its second reading whether it is compatible with the HRA

S.3 HRA

–

courts

are required as far as possible to

interpret Acts so that they comply with the Convention

If an Act cannot be reconciled with the Convention, a judge can make a

statement of incompatibility

, although ministers are

not then obliged to change the law

Parliament could refuse to respond to such a declaration, but in practice it is

likely the Government will accept the legislation has to change

– e.g. – Government changed the law following a declaration of incompatibility in

A and others v Secretary of State for the Home Department

(the

indefinite detention of foreign prisoners in

Belmarsh

without trial under the section 23 of the

Anti-terrorism, Crime and Security Act 2001

was

incompatible

with the

European Convention on Human Rights

.)Slide13

Briefly discuss advantages and disadvantages of the legislative process in Parliament (10 marks)

If advantages and disadvantages - at least 2 of each

If only advantages or only disadvantages – at least 3

Develop each point into a discussion – why is it a good or bad thing?

Use supporting evidenceSlide14

Advantages

Democratic process

– because House of Commons is

elected

and MPs are

answerable to voters

as there must be an election every 5 years. During

debates

each MP should have the opportunity to put forward the views of their constituents.

Commons can force its will on the unelected Lords

by using Parliament Acts

Public Opinion

– Parliament takes note – e.g. vote in 2006 for a complete ban on smoking in public places could be seen as Parliament responding to public opinion

House of Lords is a useful check

– many Lords have

specialist expertise

e.g. lawyers, doctors and scientists, or have been

successful in running companies or charities

. Practical knowledge and experience useful in their examination of a Bill

Thorough legislative process

– detailed

committee examination of Bills

in both Houses as well as

general debates

– ensures any

mistakes or poor drafting can be corrected

Act can be passed quickly when necessary

– e.g.

Criminal Justice (Terrorism and Conspiracy) Act 1998

went through all stages in 2 days

Flexibility

– several

types of Bills

which can be introduced in either House - not only the Government but

all MPs and Lords can propose new laws

– may be useful when Government has not given thought to a particular matter or does not want to be seen to pass controversial legislation – e.g.

Abortion Act 1967

which was introduced through a

Private Members’ BillSlide15

Disadvantages

Lack of time

to pass all necessary legislation – Reform Bills are often left out

Inadequate scrutiny of legislation

– government controls Parliamentary timetable and can restrict discussion of a Bill. Government has a majority on all standing committees so is able to defeat any amendments put forward by others on the committees

Some Bills passed too quickly

– usually in response to a real or imagined emergency – e.g.

Dangerous Dogs Act 1991

has been described as “an ill-thought-out piece of legislation”

Undemocratic

-

unelected House of Lords

able to

delay

legislation passed by House of Commons – no other democratic country has an unelected second chamber able to frustrate decision of an elected body in this way.

House of Commons not truly independent

–

does what the Government tells it to

in most cases as majority of MPs are members of the governing party and

pressured by the whips

into supporting Government Bills – so don’t necessarily vote in accordance with their constituents’ wishes. Government with large majority may be able

to introduce any legislation it pleases

and is only answerable to the electorate every 5 years.

Slow process

– a Bill has to go through many readings and stages in both Houses – can take many months

Dated processes, language and statistics

– parliamentary draftsmen use words and phrases which are

ambiguous, unclear and over-elaborate

– sometimes means its

left up to judges

to decide what an Act means. Language used is often incomprehensible to the general public – makes laws

inaccessible to ordinary people