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Parliamentary law making - Coggle Diagram
Parliamentary law making
House of commons
The members of the House of Commons are elected by an electorate. The country is divided into constituencies, each votes for one member of Parliament. There is a general election every five years, with a chance of a by-elections in constituencies where the MP has died or retired during the session of Parliament. Of the day is formed by the political party which has a majority in the House of Commons.
roles
Since the members are democratically elected most bills are introduced into the House of Commons first. The house of commons vote against the bill, then that is the end of the bill.
During the course of the bill through the House of Commons, there will be debates on the issue of the policy behind the law as well as on the specific details of the bill. It is most likely that if the policy is supported by the government it will become law, because the government have a majority in the House of Commons.
House of lords
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Changes were made to the membership of the House of Lords so that it consisted of:
→ 22 hereditary peers.
→ around 640 life peers.
→ the 26 most senior bishops in the church of England.
This who is meant to be a temporary solution to the problem that hereditary people are automatically allowed to take part in lawmaking.
roles
House of Lords check on the house of commons. All the bills go through this house and the members can vote against a proposed change in law. Power of the House of Lords is limited by the parliament act 1911 and 1949. These acts allow a bill to become a law even if the House of Lords rejects it.
Behind the parliament act is that the House of Lords is not an elected body. There had only been four occasions where the procedure has been used to bypass the House of Lords after I had voted against the law, these are:
→ all crimes act 1991.
→ repeat in parliamentary elections act 1999.
→ sexual offences (amendment) act 2000.
→ hunting act 2004.
Parliament
Laws should be made by the elected representatives of society. This means that major laws are made by Parliament.
Parliament consists of: the House of Commons, the House of Lords and the crown all acting together.
Bills
new Laws are usually made through an act of parliament, which could also be known as statute law legislation. Most Acts of Parliament are introduced by the government, they are known as public Bills, as they affect everyone in the country. Proposals have been drafted it is published, and at the stage of the school the bill.The Bill will be introduced in Parliament by a government minister. It's drafted so that it represents the governments wishes whilst using correct legal words, so there are no difficulties in the future.
Bill- in for a draft law going through Parliament before a passes all of the Parliamentary stages to become an act of parliament.
Act of Parliament- a law that has passed through all of the stages in parliament and becomes part of the law of land.
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Public bills will only effective for the whole country or a large section of it. private Bills are designed to pass a law which will affect only individual people or corporations. a government Bill is introduced by the government. The hybrid bill is introduced by the government, that likely to affect a single organisation, person or place.
Influences on Parliament
Political influence: general election the political parties publish a list of the reforms they would carry out if they were elected as the next government. This is known as a manifesto, it is one of the ways which a party tries to persuade people to vote for them. How do you which is the most members of the House of Commons after a
general election becomes the government. Throughout any session of parliament the government has a major say in which new laws will be put forward before the House of Commons and the House of Lords debate.at the opening of any session of Parliament, which usually has taken place about once a year, the government announces plans for a new law in that session. This is through the Royal Highnesses speech.
advantages: each political party has its proposals known if they are elected.Maturity means that most of the laws it introduced will be passed.
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Public opinion and the media: when there is a strong public opinion about to change the law, the government may bow to such opinion. This is most likely around the end of term of government, when there will be a general election soon and the government wants to remain popular with the majority of people. when an Issue is given a high-profile on television and the newspapers, then this also brings it to the attention of the members of the public and may add to the weight of public opinion.
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disadvantages: responding too quickly to high-profile incidents may lead to a poor drafted law. The media can be accused of manipulating the news in creating public opinion.
pressure groups: they're groups which have a particular interest, bringing matters their interest involves into the attention of the general public and the government. Sometimes pressure groups campaign against the proposed change in law. Sample of this is when the government try to restrict the Lord to trial by jury, pressure groups such as justice in liberty campaign against this as they thought the changes infringed human rights. Pressure groups can try to persuade individual MPs to join their cause, this is called lobbying.
Sectional pressure groups: represents the interests of a particular group of people often representing work groups or professions, an example of this type of pressure groups include the law society representing the solicitors interest.
Cause pressure groups: they exist to promote a particular cause. And example of this are environmental groups such as Greenpeace.
Advantages: raise important issues. Wide range of issues are drawn to the attention of Parliament.
disadvantages: they tried to impose the will on the majority. The groups may have conflicting interests.
Lobbyists: people tried to persuade individual MPs to support their cause, which is called lobbying. This is called lobbying because the members of the public can meet MPs in the lobbies, which MPs walk-through to go to the House of Lords. The videos can lobby their members of parliament. Well-being is used by pressure groups to highlight their concerns. But the most lobbying has done professional lobbyists on behalf of a businesses, trade associations and big charities.this type of lobbying and have a significant influence on legislation. Most common form of lobbying is to try and persuade MPs to ask a question in the House of Commons, so that the issue get publicity. Obvious also tried to persuade an MP has won a place in the ballots to promote a bill on the issue that concerns that lobbyist.
Advantages: brings issues to parliaments attention. Do you want to lobby their MP.
disadvantages: big businesses use professional lobbyists, giving them more influence in the general public. Lobbyists lead to the cash-for-questions affair.
Legislative stages:
In order to become an act of Parliament the bill usually have to pass by both houses of Parliament and approved by the crown.
First reading: this is a form of procedure where the name of the main aims of the bill are read out usually there is no discussion and no votes taken place.
Second reading: this is where the main debate on the whole bill takes place, at the end of the debate the vote is taken, either verbal or formal.
Committee stage: detailed examination of each clause of the bill is undertaken by committee of between 16 to 50 MPs. Amendments to various clauses in the bill may have been voted on in the past.
Report stage: the committee report back to the house of those amendments. The amendments will be debated in the house and accepted or rejected. The amendments may be added.
Third reading: this is where the final vote on the bill takes place.
The House of Lords: it has to go through the same five stages. In between the House of Lords and the House of Commons until they have an agreement on the amendment.
Pre-Legislative process
A green paper: consultative document issued by the government, putting forward the government views with outline proposal is for reform of the new law. Interested parties are then invited to send comments to the relevant government department, so that a full consideration of all views can be made and necessary changes to the governments proposal.
A white paper: it is document used by government stating his decisions as to how it was going to reform the law. Parliament will publish this white paper with their proposals for a new law will go ahead with the draft legislation. Consultation for any new law is drafted is valuable, it allows time for mutual consideration.
Legislative process
advantages:
it is made by our elected presents it's making it Democratic.
reforms the whole areas of law in one at making law simply to find
no structure is laid out by Parliament allowing greater detail in the lower than if it was just contained in an act of parliament
it allows the government to take into consideration in objections to the proposal.
disadvantages:
Parliament does not always have the time or political will
stages can take several months if the original bill is altered several times the final act is not as clear or comprehensive as it might have been
I was very little time for private member bills which deal with important moral issues
are often very long and complex that a lot of detailed rules needed and it is not always possible to include them in the act of parliament.