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A Levels Law Notes Chapter 2

Parliamentary law making is the formal process through which the UK Parliament enacts laws, involving multiple stages for proposed bills, including readings, committee scrutiny, and royal assent. The process is influenced by government agendas, public opinion, and advocacy groups, while the Law Commission plays a key role in reviewing and reforming laws to ensure they are just and accessible. Challenges include balancing efficiency with thorough scrutiny and addressing the complexities of modern legislation.

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25 views

A Levels Law Notes Chapter 2

Parliamentary law making is the formal process through which the UK Parliament enacts laws, involving multiple stages for proposed bills, including readings, committee scrutiny, and royal assent. The process is influenced by government agendas, public opinion, and advocacy groups, while the Law Commission plays a key role in reviewing and reforming laws to ensure they are just and accessible. Challenges include balancing efficiency with thorough scrutiny and addressing the complexities of modern legislation.

Uploaded by

Sarmad Ahmad
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Parliamentary Law Making

1. Introduction to Law Making

●​ Law making is the formal process through which Parliament enacts laws (statutes)
that govern the country.
●​ As the supreme legislative body in the UK, Parliament has the ultimate authority to
create, amend, and repeal laws. It consists of two Houses: the House of Commons and
the House of Lords.

2. The Legislative Process

The legislative process involves several stages that a proposed law (Bill) must go through
before it becomes an Act of Parliament.

2.1 Stages of a Bill

1.​ First Reading:


○​ The Bill is introduced in either House. The title is read out, and copies are
made available to members.
○​ There is no discussion or vote at this stage. The purpose is simply to inform
members of the Bill's existence.
2.​ Second Reading:
○​ Members debate the general principles and themes of the Bill. This is a critical
stage where the Bill's purpose and importance are discussed.
○​ At the end of the debate, a vote is taken. If the Bill passes, it moves to the next
stage.
3.​ Committee Stage:
○​ The Bill is examined in detail by a committee of members. In the Commons,
this usually happens in a Public Bill Committee; in the Lords, it may occur in
the Committee of the Whole House.
○​ Members can propose amendments to the Bill. This stage often involves
significant changes based on debates and expert opinions.
4.​ Report Stage:
○​ The Bill is presented back to the House, where members can discuss and
propose further amendments based on the committee's findings.
○​ Members vote on the amendments made during the committee stage.
5.​ Third Reading:
○​ This is the last opportunity for members to debate the contents of the Bill.
Discussion is typically limited to what is actually in the Bill, rather than
proposing new amendments.
○​ A vote is taken, and if successful, the Bill is sent to the other House (of
Lords).

2.2 House of Lords

●​ The Bill goes through similar stages in the House of Lords, including the potential for
amendments, debate, and scrutiny.
●​ The Lords can amend the Bill but cannot initiate financial legislation (money bills).

3. Types of Bills

Bills can be categorized based on their origin and purpose:

1.​ Government Bills:


○​ Proposed by government ministers and usually supported by the ruling party.
They have a higher chance of becoming law due to government backing.
2.​ Private Members’ Bills:
○​ Introduced by MPs or Lords who are not part of the government. These bills
often address specific issues and can raise awareness, but they face significant
challenges in becoming law.
3.​ Public Bills:
○​ Affect the general public and cover a wide range of issues. Most legislation
falls under this category.
4.​ Private Bills:
○​ Affect specific individuals or organizations rather than the public at large.
Often promoted by local authorities or private corporations.
5.​ Hybrid Bills:
○​ Contain characteristics of both public and private bills, often affecting the
public but also having specific provisions for certain individuals or
organizations.

4. Royal Assent

●​ After passing both Houses, a Bill is sent for Royal Assent, where the monarch
formally approves it. It is the final stage of legislation.
●​ Royal Assent is largely a formality; the last refusal occurred in 1708. Once granted,
the Bill becomes law.
5. Parliamentary Supremacy

●​ Parliamentary supremacy means that Parliament has the ultimate authority to make or
change laws without any legal limitations.
●​ Key Principles:
1.​ Parliament can legislate on any matter, including constitutional issues.
2.​ Each Parliament has the authority to enact or repeal laws, meaning previous
Parliaments cannot impose restrictions on future ones.
3.​ Courts cannot question the validity of legislation passed by Parliament.

6. Influences on Law Making

●​ Government agendas, election manifestos, and party policies heavily influence which
Bills are introduced and prioritized.
●​ Media coverage and public campaigns can sway legislative priorities, prompting
Parliament to act on popular issues.
●​ Organized groups advocating for specific causes (e.g., environmental, social justice)
actively lobby Parliament, influencing law-making through campaigns and
consultations.
●​ Plays a crucial role in highlighting issues, shaping public opinion, and holding
Parliament accountable for its actions.

7. Law Commission

7.1 Role and Purpose

●​ The Law Commission was established in 1965 under the Law Commissions Act to
systematically review and reform the law in England and Wales.
●​ Its primary goal is to ensure that the law is accessible, just, and reflects the needs of
society. It seeks to eliminate outdated and unnecessary legislation.

7.2 Functions

1.​ Research and Review:


○​ The Commission identifies areas of law that require reform based on
stakeholder feedback, public interest, and emerging societal issues.
○​ It conducts thorough research, analyzing both domestic and international laws
to inform its recommendations.
2.​ Consultation:
○​ For each potential reform, the Commission publishes papers outlining the
issues, proposed changes, and soliciting feedback from various stakeholders.
○​ Engages with legal practitioners, academics, and the public to gather diverse
perspectives.
3.​ Drafting Proposals:
○​ After consulting, the Commission drafts detailed reports and legislative
proposals (Draft Bills) aimed at addressing specific legal issues.
○​ The proposals are designed to be clear, practical, and implementable.

7.3 Legislative Impact

●​ Approximately 50% of the Commission's recommendations are enacted into law,


reflecting the quality of its work and the challenges of parliamentary priorities.
●​ Notable Reforms:
○​ The Law of Contract: Revisions to clarify and modernize contract law.
○​ The Fraud Act 2006: Simplified and consolidated fraud legislation.
○​ The Corporate Manslaughter and Corporate Homicide Act 2007:
Established accountability for corporations in cases of gross negligence
leading to death.

7.4 Challenges and Limitations

●​ The legislative process can be lengthy, and urgent political matters often take
precedence over law reform.
●​ The willingness of the government to act on the Commission's recommendations can
vary, influenced by political considerations and public sentiment.
●​ The legal landscape is increasingly complex, necessitating ongoing review and
adaptation of laws to address new societal challenges.

7.5 Future Directions

●​ The Commission aims to simplify legal texts and procedures to make the law more
accessible to the public.
●​ The Commission will continue to address emerging issues, such as digital rights, data
protection, and the implications of technology on existing laws.
●​ Advocating for Alternative Dispute Resolutions (ADR) to reduce court burdens and
facilitate quicker resolutions.

8. Conclusion

8.1 Significance of Parliamentary Law Making


●​ Parliamentary law-making reflects democratic principles, ensuring that laws are made
by representatives elected by the public.
●​ The legislative process allows Parliament to respond to societal changes, ensuring
laws remain relevant and effective.

8.2 Balancing Efficiency and Thoroughness

●​ The need for timely law-making must be balanced with thorough scrutiny and debate.
Rushed legislation may lead to legal ambiguities and unintended consequences.
●​ Engaging public opinion and expert analysis ensures laws are practical, relevant, and
reflective of societal values.

8.3 Challenges in Implementation

●​ Modern laws can be lengthy and complex, potentially leading to misinterpretation.


Clear drafting and guidance are essential.
●​ The Law Commission’s efforts to modernize and clarify laws underscore the
importance of continuous reform to maintain justice and fairness.

8.4 Future Directions

●​ The Law Commission will continue to emphasize the necessity for laws to be just and
accessible to all citizens.
●​ Parliament must remain committed to enacting reforms that respond to public need
and maintain the integrity of the legal system.

8.5 Final Thoughts

●​ A robust legal system that evolves with societal values is crucial for maintaining
public trust and ensuring justice.
●​ The Law Commission remains an essential entity in the legal landscape, providing
necessary research and recommendations to keep laws effective and relevant.

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