Introduction to Parliamentary Law Making

Welcome to one of the most important chapters in your AS Law studies! In the UK, Parliament is the "big boss" of law-making. While judges make some laws through cases, the most powerful laws—called statutes or Acts of Parliament—come from the people we elect to represent us. In this chapter, we will look at how a simple idea becomes a law, who is involved in that journey, and who influences the decisions made in the "Mother of Parliaments."

1. The Legislative Process: From Idea to Law

Making a law isn't an overnight job. It involves a rigorous "obstacle course" to ensure the law is fair and works properly. Don't worry if the stages seem long; think of it like a video game where a Bill has to pass several "levels" before it wins.

A. The Pre-Legislative Stages

Before a law even reaches Parliament, there are two important documents to know:

  1. Green Paper: This is a consultative document. Think of it as a "suggestion box." The government puts forward an idea and invites interested people (like experts or the public) to give their opinions.
  2. White Paper: This is a firm proposal for a new law. After listening to feedback from the Green Paper, the government writes down exactly what they plan to do.

B. The Stages in Parliament

Once the White Paper is ready, it becomes a Bill. To become an Act, it must pass through both the House of Commons and the House of Lords (usually) following these steps:

  • First Reading: This is just a formal introduction. The title of the Bill is read out, and no debate happens yet.
  • Second Reading: This is the most important stage for debate. MPs discuss the main principles of the Bill. At the end, they vote on whether it should go further.
  • Committee Stage: A small group of MPs (or the whole House) examines the Bill line-by-line. They look for errors and suggest detailed changes (amendments).
  • Report Stage: The committee reports back to the House. Any changes made are debated and voted on.
  • Third Reading: The final look at the Bill. There is a final vote, and if it passes, it moves to the next House.

Note: After passing both Houses, the Bill goes for Royal Assent. This is where the Monarch formally signs the Bill. Today, this is just a formality—the King does not refuse to sign. Once signed, the Bill becomes an Act of Parliament.

Quick Review: Think of the process like this: Green (Consult) -> White (Propose) -> 1st (Title) -> 2nd (Debate) -> Committee (Check) -> Report (Updates) -> 3rd (Final Vote) -> Assent (Sign).

2. The Roles of the House of Commons and House of Lords

Parliament is "bicameral," which means it has two chambers. Each has a different job:

The House of Commons (The Elected Chamber)

  • Made up of 650 Members of Parliament (MPs) elected by the public.
  • It is the most powerful House because it is democratically elected.
  • They have the final say on "Money Bills" (taxes and spending).

The House of Lords (The Revising Chamber)

  • Made up of unelected members (Life Peers, Bishops, and Hereditary Peers).
  • Their main role is to scrutinise and check the work of the Commons.
  • They can delay a Bill for up to a year, but they cannot stop it forever because they are not elected by the people.

3. Types of Bill

Not all Bills are the same! They are categorised based on who they affect:

  • Public Bills: These affect the whole country (e.g., a law changing the national speed limit). Most laws you study are Public Bills.
  • Private Bills: These affect only specific people, organisations, or places (e.g., a law giving a specific local council power to build a new bridge).
  • Hybrid Bills: A mix of both. They are general laws that happen to affect certain people or places specifically (e.g., the HS2 railway project).
  • Private Member's Bills: These are introduced by individual MPs who are not government ministers. They often cover moral or controversial issues.

4. Influences on Parliament

Why does Parliament decide to make a new law? They don't just wake up and guess; they are influenced by several factors:

  • Political Pressure: The party in power has a "manifesto" (a list of promises made during an election). They must make laws to keep those promises.
  • Public Opinion: If the public is very angry or happy about something, Parliament often reacts to stay popular.
  • The Media: TV, newspapers, and social media can "campaign" for changes in the law. They bring issues to the government's attention.
  • Pressure Groups: These are groups of people with a specific interest. They can be Sectional (representing a group, like the British Medical Association) or Cause (representing a belief, like Greenpeace).

Study Tip: When evaluating these, remember that Public Opinion is great for democracy, but it can lead to "knee-jerk" reactions where laws are made too quickly in response to a single event.

5. The Law Commission

The Law Commission is a very special, independent body. Their job is to keep the law under review and make sure it stays modern and fair.

Composition:
  • It consists of a Chairman (who is a High Court Judge).
  • Four other Law Commissioners (who are experienced judges, lawyers, or legal academics).
Role:
  • Reform: Suggesting changes to old or unfair laws.
  • Codification: Bringing all the law on one topic into one easy-to-read "code."
  • Consolidation: Combining several different Acts of Parliament on the same subject into one single Act.
  • Repeal: Identifying "dead" laws that are no longer useful and getting rid of them.

6. Parliamentary Supremacy

This is a fundamental concept in the English Legal System. It means that Parliament is the highest law-making authority.

Key Principles:
  1. Parliament can make or unmake any law it wishes.
  2. No person or body (not even a Judge!) can override an Act of Parliament.
  3. A new Parliament cannot be "bound" by an old one. This means today's Parliament can change any law made in the past.

Wait! Is it still absolute? While Parliament is supreme, its power is slightly balanced by the Human Rights Act 1998. Judges can't delete an Act, but they can issue a "Declaration of Incompatibility" if a law breaks human rights, which pressures Parliament to change it.

Summary: Key Takeaways

  • The Process: Bills go through Consultation (Green/White Papers), five stages of debate/voting in both Houses, and finally Royal Assent.
  • The Players: The elected House of Commons is the primary power; the House of Lords revises; the Law Commission provides expert advice.
  • The Power: Parliamentary Supremacy means Parliament's Acts are the highest form of law in England and Wales.
  • The Influences: Politicians, the public, the media, and pressure groups all play a role in what becomes law.

Common Mistake to Avoid: Don't confuse the Committee Stage with the Report Stage. In the Committee Stage, the fine details are edited. In the Report Stage, those edits are shown to the whole House for approval.