Parliamentary Law Making

What are laws passed by Parliament known as?

Acts of Parliament or statutes.

What are Green papers used for?

This is the pre legislative procedure. On major matters, a green paper may be issued by the Minister with responsibility for that topic. A green paper is a consultative document asking for the comments of interested parties, so that full consideration of all sides can be made and necessary changes made to the governments proposals.

What are White papers used for?

The Government will publish a White paper with its firm proposals for a new law. Before any government policy becomes law, it must be whiten out as a bill, or an draft Act.

What is an Act known as before it is passed and becomes law?

A bill.

What are the 3 different ways in which new legislation can be suggested?

- Public Bills.- Private members' Bills.- Private Bills.

What are Public Bills?

These are also known as government bills and are put forward by the government. These bills apply to the entire nation and involve general matters like taxation, civil rights, or terrorism.

What are Private members' Bills?

These are bills promoted by an individual MP on a matter which they feel strongly about. e.g. Abortion Act. Private members bills are not as likely of becoming new law than public Bills. Every Friday morning, MPS have the opportunity in the house of commons to present a private members bill.

What are Private Bills?

Private Bills are prompted by outside interests and are introduced into Parliament through a petition by the person or organisation desiring the bill. Most are local in character, promoted by bodies such as Local Authorities or statutory bodies seeking special powers.

What are the 4 main influences on parliament?

- Political influence. - Public opinion/media. - Pressure groups.

How does Politics have an influence upon parliament?

Political parties will publish a list of the reforms they want to bring about if they are elected. This is called a manifesto and is a significant way of getting the public to vote for them. A newly elected government, has up to 5 years to enact its manifesto promises. Most of the reforms promised will eventually be drafted into Bills and begin the formal process of statute creation in the Houses of Parliament.

How does the media and public opinion impact Parliament?

They can exert considerable influence on legislation too. TV and radio stations are required by law to maintain a political balance in their broadcasting, but there are no such restrictions on newspapers and the print media can and often do take strong positions on particular legislative proposals. Strong media pressure can also persuade the government to pass new laws or amend existing ones.

How do pressure groups affect Parliament?

Pressure groups attempt to influence legislative process in a particular direction. They are not political parties.

What are the two types of pressure groups?

- Interest groups.- Cause groups.

What are interest groups?

These groups represent the interests of their members, such as the National Union of Teachers, Soil Association, the Confederation of British Industry, the Scout Association and the RAC. They exist permanently (or at least long term) and usually have other functions besides trying to influence legislation that may affect their members' lives.

What are cause groups?

Groups that seek to promote approaches, issues or ideas that may not be of direct benefit to group members. Their main function is to campaign for particular changes in society. Some are long term. e.g. Stonewall. Others may only exist for only a few years until they achieve ultimate success or obvious failure.

What are law reform agencies?

There are some official law reform bodies which consider what reforms of the law are needed and report on these. The most important is the Law Commission.

What is the Law Commission?

This is a permanent panel of legal experts who research into areas of law and make recommendations to parliament on which laws need to be reformed. They will often issue a consultation paper so they can get views of interested parties. The work of the Law Commission will be covered on another Paper 2 handout.

Who was the doctrine of parliamentary?

A W Dicey.

What are the 3 main points he made?

- Parliament can legislate on any subject matter.- No parliament can be bound by any previous Parliament, nor can a Parliament pass any Act that bind a later Parliament. - No other body has the right to override or set aside an Act of Parliament.

What is Parliamentary supremacy also referred to as?

The Sovereignty of Parliament.

What are the limits of what Parliament can legislate on?

There are no limits. It can make law on whatever it wants.

Is Parliament bound by anything?

No, they are not bound by any previous Parliament nor can they find any future Parliament.

Can Parliament be overruled?

No.

What are the self imposed limits to its supremacy?

- The Human Rights Act 1998. All acts of Parliament must be compatible with the European Convention of Human Rights. (H v Mental Health Review Tribunal) - Devolution.Power has been devolved from central UK Government in Westminster to the Welsh Assembly and Scottish Parliament. They can make their own law on some matters which means that Parliament has affectively decided to limit its own supremacy in these areas.