Tort Mini Topic1- Parliamentary Law Making Flashcards
What three bodies does Parliament consist of?
- House of Commons
- House of Lords
- The Crown
What is the House of Commons?
Members are elected in a general election and the party with the most number of seats in the HoC forms the government.
What is the role of the HoC in law making?
Bills will start in the HoC where MPs will debate and vote on the Bill where the Government will have majority. If the Bill is voted against then that is the end of the Bill.
What is the House of Lords?
A non-elected body that consists of bishops, life and hereditary peers.
What is the role of the HoL in law making?
The HoL power is limited by the Parliament Acts of 1911/49 making it less powerful than the HoC. They can vote against the Bill which alerts the HoC with any issues and mainly check on the HoC.
What is the role of the Crown in law making?
The Crown refers to the Monarch. They give the Act royal assent which is largely a formality.
What are the 2 types of Bills?
- Public Bills- Introduced by the government and involve matters of public policy
- Private Members Bills- Introduced by individual MPs
What is the definition of Parliamentary Supremacy given by Dicey?
- Parliament can legislate on any subject with no limits.
- No Parliament can be bound by any previous Parliament, nor can any pass an Act that will bind a later Parliament.
- No other body had the right to override or set aside an Act of Parliament.
What are the limitations on Parliamentary Supremacy?
- Human Rights Act 1988- Acts must be compatible with the HRA, Article 4 allows courts to declare an Act incompatible
- Devolution- Parliamentary Supremacy has been lost in Scotland and Wales
- EU Membership- EU law takes priority over UK law
What is Green Paper?
An idea for a new law.
What is White Paper?
Firm proposal of a new law.
How many legislative stages does a Bill have to go through before it becomes an Act?
7 stages, the Bill can start in the HoC or the HoL.
What is the First Reading?
Information is given about the bill, such as the main aims, and MPs vote either in favor or against the Bill.
What is the Second Reading?
There is a main debate about the main principles of the Bill not the smaller detail. There must a majority vote for the Bill to progress further.
What is the Committee Stage?
There is a detailed examination conducted by 16 to 50 MPs known as the Standing Committee. Changes known as amendments are made.