Chapter 3 Law Making: Parliamentary Law Making (Parliament (3.1.1. House…
Chapter 3 Law Making: Parliamentary Law Making
3.1.1. House of Commons
Members of the house of commons are elected by the people who are above 18 years old.
The country is divided into constituencies and each votes for one member of parliament.
There is a general election every 5 years where these members are voted in.
The government that are voted in are the political party with the majority.
It is the government who has the main say in formulating new acts of parliament.
3.1.2. House of Lords
A non-elected body.
Consists of :
92 hereditary peers
These are people who have had the lord title passed down through the generations
about 700 life peers
Life peers are people who have the lord title for only their lifetime and it wont get passed down after that.
26 of the most senior bishops
Most of Britain's laws were made at the start by the church this gives a second opinion to the laws to make sure it fits with the main religion of the country.
12 most senior judges : Lord Justices
Any Lord Justice can sit in the house of lords only after they have retired or have stepped down from being a judge to make sure that there is no conflict of interest, this keeps the law enforcers and the law makers separate.
They are separate from Parliament and now sit in the Supreme Court.
Green and White Papers
A consultative document issued by the government putting forward proposals for reform of the law.
By a government Minister.
A law is put forward and hen interested parties are then able to put their comments forward so that a full consideration of all sides can be made as well as any necessary changes.
After they have had all their feedback a white paper is published with the firm proposals for the new law.
A document issued by the government stating their decisions as to how they are going to reform the law.
Stops a knee-jerk reaction.
The formal legislative process
3.3.1 Introducing an Act of Parliament
The name for a draft law going through through parliament before it passes all the parliamentary stages to become an act of parliament.
When the proposed act has been drafted it is published at that particular stage it is called a bill
A bill will only become an act of parliament if it successfully completes all the necessary stages in parliament and receives the royal assent.
Introduced into parliament by a minister.
Some difficulties are that drafts-men face problems in trying to frame the bill: it has to be drawn up to represent the governments wishes whilst at the same time using correct legal wording to make sure it can be understood in the courts.
Private members' Bills
These MP's are not government ministers and are from any political party.
Not many private members bills became actual law but there have been some important laws passed as the result of such bills.
the abortion act 1967
Legalised abortion in this country.
the marrioage act 1994
Allows people to marry in any registered place not just register buildings or religious places.
The household waste recycling act 2003
Which places local authorities under a duty to recycle waste.
Two ways a private mp can introduce a bill.
Through the 'Ten minute rule'
House of lords can also introduce private members' bills.
The parliamentary process allows for a ballot each parliamentary session in which 20 private members are selected which can then take their turn in presenting a bill to parliament.
The time is limited normally on a Friday so that the first 6 or 7 members in the ballot have a realistic chance of introducing a bill on their chosen topic.
Back benchers can try to introduce a bill through the ten minute rule under which any mp can make a speech of up to ten minutes supporting the new introduction of new legislation.
The method is rarely successful unless there is no opposition to the bill however some acts of parliament have been introduced in this way.
Bail (Amendment) Act 1993
Which gave the prosecution the right to appeal against the granting of bail to the defendant.
Most nills introduced into parliament involve matters of public policy which will affect either the whole country or a large section of it.
Most bills are in this category.
The legal services act 2007.
Sentencing and punishment of offenders act 2012.
The criminal justice and courts act 2015.
A small number of bills are desgined to pass a law which iwll affect only individual people or corporations these do not affect the whole community.
Faversham oyster fisheries bill 2016
This bill changes the way the company is run.
These are a cross between public bills and private bills.
They are introduced by the government but if they become law they will affect a particular person, organisation or place.
The various crossrail bills
These bills allow for the construction of underground rails links in London which affect the people in the area.
The bills give power to acquire land, grant planning permission and authorise the necessary work.
people can petition against it happening and could stop it in some way