Tort Mini Topic1- Parliamentary Law Making

Question 1

What three bodies does Parliament consist of?

Answer 1

1. House of Commons
2. House of Lords
3. The Crown

Question 2

What is the House of Commons?

Answer 2

Members are elected in a general election and the party with the most number of seats in the HoC forms the government.

Question 3

What is the role of the HoC in law making?

Answer 3

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.

Question 4

What is the House of Lords?

Answer 4

A non-elected body that consists of bishops, life and hereditary peers.

Question 5

What is the role of the HoL in law making?

Answer 5

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.

Question 6

What is the role of the Crown in law making?

Answer 6

The Crown refers to the Monarch. They give the Act royal assent which is largely a formality.

Question 7

What are the 2 types of Bills?

Answer 7

1. Public Bills- Introduced by the government and involve matters of public policy
2. Private Members Bills- Introduced by individual MPs

Question 8

What is the definition of Parliamentary Supremacy given by Dicey?

Answer 8

1. Parliament can legislate on any subject with no limits.
2. No Parliament can be bound by any previous Parliament, nor can any pass an Act that will bind a later Parliament.
3. No other body had the right to override or set aside an Act of Parliament.

Question 9

What are the limitations on Parliamentary Supremacy?

Answer 9

1. Human Rights Act 1988- Acts must be compatible with the HRA, Article 4 allows courts to declare an Act incompatible
2. Devolution- Parliamentary Supremacy has been lost in Scotland and Wales
3. EU Membership- EU law takes priority over UK law

Question 10

What is Green Paper?

Answer 10

An idea for a new law.

Question 11

What is White Paper?

Answer 11

Firm proposal of a new law.

Question 12

How many legislative stages does a Bill have to go through before it becomes an Act?

Answer 12

7 stages, the Bill can start in the HoC or the HoL.

Question 13

What is the First Reading?

Answer 13

Information is given about the bill, such as the main aims, and MPs vote either in favor or against the Bill.

Question 14

What is the Second Reading?

Answer 14

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.

Question 15

What is the Committee Stage?

Answer 15

There is a detailed examination conducted by 16 to 50 MPs known as the Standing Committee. Changes known as amendments are made.

Question 16

What is the Report Stage?

Answer 16

The committee reports back any amendments and MPs can debate the changes and either approve or reject them. If no amendments were made then this stage is skipped.

Question 17

What is the Third Reading?

Answer 17

This is the final vote on the Bill and is usually a formality as the Bill will now pass to the HoL where it will go through the same 5 stages and any amendments made will go back to the HoC.

Question 18

What is Royal Assent?

Answer 18

This is the final stage where the monarch formally gives approval and the Bill will become an Act of Parliament. This will be the Act’s official commencement date.