The Legislative Process in Parliamentary and European Law Making
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Parliamentary and European
Law Making
The Legislative Process
Objectives
Describe the various chambers and people who make up
Parliament.
Explain the different types of Bills.
Explain how an Act of Parliament is made.
Critically evaluate the legislative process.
Evaluate the effect of EU membership and the HRA 1998 on
Parliament
(please see lesson plans and PowerPoints on EU legislation and the
ECHR/HRA 1998 ).
Legislative Process
Q. Statues are made by Parliament.
What is Parliament made up of?
House of Commons
House of Lords
Monarch
Legislative Process
Parliament has the power to:
Make laws
Raise taxes
In Britain Parliament has complete power – in law there are
no limits on what it can do,
Parliament is sovereign
.
In reality there are lots of limits.
What limits can you think of?
EU membership
Effect of the HRA 1998
The House of Commons
The House of Commons has about 650 elected members of
Parliament made up of all the various political parties and the
Government of the day.
The House of Commons is the most powerful part of
Parliament. It can force laws through even though the Lords
may disagree.
The House of Lords
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The House of Lords made up of:
Hereditary peers
who have inherited their title – 92 of them (soon to
lose their right to sit in the Lords)
Life peers
Some bishops and judges
There is an argument going on over who should sit in the Lords and
whether some or all Lords should be elected.
The Monarch
The Queen is a CONSTITUTIONAL MONARCH
Queen Elizabeth II is HEAD OF STATE.
The Queen is a FIGUREHEAD
–
her powers are limited by the laws
and customs of Britain.
The Queen is head of:
The armed forces.
The Church of England.
The legal system.
The country is governed in her name.
Making an Act of Parliament
Manifesto
Green Paper
White Paper
Bills:
All statutes begin as a Bill – 3 types
1.
Public Bills
2.
Private Members’ Bills
3.
Private Bills
Making an Act of Parliament
Royal Assent
House of Lords
Third Reading
Report Stage
Committee Stage
Second Reading
First Reading
Bill
Making an Act of Parliament
First Reading
–
title is read to the House of Commons.
Second Reading
–
proposals fully debated
–
MPs vote
whether to proceed.
Committee Stage
–
detailed examination
–
amendments
can be made.
Report Stage
–
Committee reports back to the House, vote
is taken.
Third Reading
–
Bill re-presented to the House - vote taken.
Making an Act of Parliament
House of Lords
–
Bill then goes to the Lords
–
goes through
similar process as the Commons, any amendments must go
back to Commons for consideration.
The House of Lords checks bills and improves them. It can
delay some laws for up to a year. They CANNOT block
legislation.
Making an Act of Parliament
The Parliament Acts of 1911 & 1949 –
allows Royal Assent to be
given without approval of the Lords. 4 examples of where this has
happened:
1.
War Crimes Act 1991.
2.
European Parliamentary Elections Act 1999.
3.
Sexual Offences (Amendment) Act 2000.
4.
Hunting Act 2004.
R (on the application of Jackson & others) v Attorney General
(2005)
Countryside Alliance - challenge to the use of the Parliament Act
1949 to bring in the Hunting Act.
Royal Assent
In theory the Queen must give her consent to all legislation
before it can become law:
In practice consent is never refused.
Bill then becomes an Act of Parliament and the law.
Acts of Parliament contain the following statement, and now
because of the HRA 1998 must state whether they are
compatible or incompatible with human rights:
Be it enacted by the Queen’s most Excellent Majesty, by and
with the advice and consent of the Lords Spiritual and Temporal,
and Commons, in this present Parliament assembled, and by the
authority of the same, as follows.
•
What are the names of the different chambers of Parliament?
•
What are the planned reforms for the House of lords?
•
Name the 3 types of Bills.
•
How is an Act of Parliament made?
•
The House of Lords is no longer able to block legislation, which
Acts of Parliament allow Royal Assent to be given without the
Lords approval?
•
Give two examples where this has happened.
Test Yourself
This content provides detailed insights into the legislative process in Parliamentary and European Law Making. It covers the composition of Parliament, types of Bills, Acts of Parliament, evaluation of the legislative process, and the impact of EU membership and the HRA 1998. The roles of the House of Commons, House of Lords, and the Monarch are explained, along with the significance of different types of Bills in making an Act of Parliament.
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Presentation Transcript
Parliamentary and European Law Making The Legislative Process
Objectives Describe the various chambers and people who make up Parliament. Explain the different types of Bills. Explain how an Act of Parliament is made. Critically evaluate the legislative process. Evaluate the effect of EU membership and the HRA 1998 on Parliament (please see lesson plans and PowerPoints on EU legislation and the ECHR/HRA 1998 ).
Legislative Process Q. Statues are made by Parliament. What is Parliament made up of? House of Commons House of Lords Monarch
Legislative Process Parliament has the power to: Make laws Raise taxes In Britain Parliament has complete power in law there are no limits on what it can do, Parliament is sovereign. In reality there are lots of limits. What limits can you think of? EU membership Effect of the HRA 1998
The House of Commons The House of Commons has about 650 elected members of Parliament made up of all the various political parties and the Government of the day. The House of Commons is the most powerful part of Parliament. It can force laws through even though the Lords may disagree.
The House of Lords House of Lords Act 1999 The House of Lords made up of: Hereditary peers who have inherited their title 92 of them (soon to lose their right to sit in the Lords) Life peers Some bishops and judges There is an argument going on over who should sit in the Lords and whether some or all Lords should be elected.
The Monarch The Queen is a CONSTITUTIONAL MONARCH Queen Elizabeth II is HEAD OF STATE. The Queen is a FIGUREHEAD her powers are limited by the laws and customs of Britain. The Queen is head of: The armed forces. The Church of England. The legal system. The country is governed in her name.
Making an Act of Parliament Manifesto Green Paper White Paper Bills: All statutes begin as a Bill 3 types Public Bills Private Members Bills Private Bills 1. 2. 3.
Making an Act of Parliament Royal Assent Monarch House of Lords House of Lords Third Reading Report Stage Committee Stage House of Commons Second Reading First Reading Bill
Making an Act of Parliament First Reading title is read to the House of Commons. Second Reading proposals fully debated MPs vote whether to proceed. Committee Stage detailed examination amendments can be made. Report Stage Committee reports back to the House, vote is taken. Third Reading Bill re-presented to the House - vote taken.
Making an Act of Parliament House of Lords Bill then goes to the Lords goes through similar process as the Commons, any amendments must go back to Commons for consideration. The House of Lords checks bills and improves them. It can delay some laws for up to a year. They CANNOT block legislation.
Making an Act of Parliament The Parliament Acts of 1911 & 1949 allows Royal Assent to be given without approval of the Lords. 4 examples of where this has happened: War Crimes Act 1991. 1. European Parliamentary Elections Act 1999. 2. Sexual Offences (Amendment) Act 2000. 3. Hunting Act 2004. 4. R (on the application of Jackson & others) v Attorney General (2005) Countryside Alliance - challenge to the use of the Parliament Act 1949 to bring in the Hunting Act.
Royal Assent In theory the Queen must give her consent to all legislation before it can become law: In practice consent is never refused. Bill then becomes an Act of Parliament and the law. Acts of Parliament contain the following statement, and now because of the HRA 1998 must state whether they are compatible or incompatible with human rights: Be it enacted by the Queen s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows.
Test Yourself What are the names of the different chambers of Parliament? What are the planned reforms for the House of lords? Name the 3 types of Bills. How is an Act of Parliament made? The House of Lords is no longer able to block legislation, which Acts of Parliament allow Royal Assent to be given without the Lords approval? Give two examples where this has happened.
