Green
|
Green paper
|
Contains the general proposal
|
Winged
|
White paper
|
More detailed proposal are set out after the initial consultations
|
Dragons
|
Draft
|
The proposals are drafted into a bill by government lawyers and then
published
|
Fly
|
First reading
|
The bill is usually introduced to the House of Commons. This merely
notifies the House of the bill and its subject matter. There is no debate.
|
Slowly
|
Second reading
|
This is the main debate on the principles of the bill, followed by a
vote.
|
Clockwise
|
Committee stage
|
A committee between 16 and 50 MPs examines the details of the bill
clause by clause and suggests amendments.
|
Round
|
Report stage
|
The committee reports back these amendments to the House.
|
The
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Third Reading
|
This usually coincides with the report stage and marks the final
debate on the bill in its amended form in the House of Commons.
|
Old
|
Other house
|
The bill passes to the ‘other house’ (House of Lords) for similar
procedures, although in the committee stage in the lords the whole House acts
as a committee.
|
Ruin
|
Royal assent
|
The Monarch gives approval to the bill. This is a formality and is
not undertaken by the Queen personally.
|
Articles and resources to help with the study of AQA AS and A2 Law, as well as Edexcel BTEC Level 3 Certificate and BTEC Level 3 Subsidiary Diploma in Applied Law.
Showing posts with label Parliament. Show all posts
Showing posts with label Parliament. Show all posts
Wednesday, 14 August 2013
The legislative process
Labels:
A level law,
committee stage,
draft,
first reading,
green paper,
House of Lord,
law making,
Legislative process,
other house,
Parliament,
report stage,
royal assent,
second reading,
third reading,
white paper
Resources to help you to research the Equality Act 2010 and the Marriage (same sex couples) bill
Equality Act 2010
The text of the Equality Act 2010
You may be surprised as to what is included in the Equality Act.
The Citizens Advice Bureau publishes guidance as to your rights under the Equality Act, it's worth reading to ensure you know your rights and you know what to do if you think that your rights have been breached.
Marriage (same sex couples) bill
Information from Parliament about the journey from a bill to an act
BBC Q&A on gay marriage including the arguments for and against
Lord Tebbit argues that Gay marriage bill may lead to "lesbian queen and artificially inseminated heir"
Gay couple to sue the Church of England over their refusal to conduct same sex marriages.
The text of the Equality Act 2010
You may be surprised as to what is included in the Equality Act.
The Citizens Advice Bureau publishes guidance as to your rights under the Equality Act, it's worth reading to ensure you know your rights and you know what to do if you think that your rights have been breached.
Marriage (same sex couples) bill
Information from Parliament about the journey from a bill to an act
BBC Q&A on gay marriage including the arguments for and against
Lord Tebbit argues that Gay marriage bill may lead to "lesbian queen and artificially inseminated heir"
Gay couple to sue the Church of England over their refusal to conduct same sex marriages.
Doctrine of Parliamentary Supremacy
As a democratically elected body, parliament is the supreme law making body in the UK.
Parliament can legislate on any subject matter, meaning there are no limits on what they can make laws about. An example of this is the Parliament Acts 1911 and 1949 which limited the powers of the House of Lords to block a Bill by voting against it.
Parliament cannot bind their sucessor, meaning each new Parliament should be free to make or change what laws they wish. There are some laws which cannot be repealed, e.g. Act of Settlement in 1700 changed the line of sucession to the throne. It affected who was entitled to be King or Queen so after 300 years this could not be repealed.
Laws made by Parliament cannot be overruled by others, even where the Act of Parliament may have been made because of incorrect information. See the case of British Railways Board v Pickin.
One limitation to Parliamentary supremacy is the membership of the European Union. The UK joined the European Union in 1973 by passing the European Communities Act 1972, this membership means that European Union law takes priority over English Law. e,g, Merchant Shipping Act 1988 states that 75% of directors and shareholders in certain businesses had to be British , this contradicted EU law and there was changed as discussed in the Factortame case.
The separation of powers
The theory of the separation of powers was first
put forward by Montesquieu, a French political theorist in the 18th
century. The theory states that there
are 3 functions of the state:
- The Executive (government) have strict authority and responsibility to administer the law.
- The Legislative (parliament) make the laws and are also authorised to raise taxes and other money bills.
- The Judiciary (the judges) apply the law
Why should they be separate?
- To stop one arm from gaining absolute power and abusing the power they are given.
- To allow each arm to become more specialised.
- To stop bias decisions being made (e.g. if a judge makes a law and then tries a case dealing with this law, he may make the wrong decision because of the opinion that has already been made.
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