Parliamentary Law-making:
Legislative process – 7 stages in HoC and the HoL
1. First reading – name and aim of the bill, no further discussion
2. Second reading – MPs debate, speaker controls, not focus on small details, vote
3. Committee stage – 16-50 MPs examine every clause, amendment proposed
4. Report stage- Report the amendments, if no amendments then skip
5. Third reading – final vote
6. Opposite house – House of Lords
7. Royal Assent- Monarch signs
House of Commons:
- Before 1265: citizens were not involved
- Elected every 5 years
- MPs represent public
- 650 members
- Green seating
- Speak with public to observe how law affects + debates law
House of Lords:
- Acts of 1958 and 1999 stopped hereditary peers
- A person for every field (actress – Baroness Benjamin)
- Unelected
- Represent areas of concern, not regions
- Scrutinise government with no limit of members
Green and White Papers – Pre-legislative process
Green: consultation doc, made if unsure about a law that the gov wants to introduce
White: contains the gov firm proposal of the new law after the green paper, white
paper published, and the proposals are drafted into a Bill
different types of Bills, the role of the Crown
1. Public Bills – public policy that affects everyone (Legal Services Act 2007 -
modernise and liberalise the legal services market, making it more competitive,
transparent, and focused on the needs of consumers.)
2. Private Bills – affects only a group of people (UCL Act 1996 – merge with
institutions like Neurology, change structure)
3. Private member Bills – introduced 2 ways – implemented in 2 ways – 1. Ballot
(lottery) 20 private members selected, few become law – Abortion Act 1967) 2.
10 min rule – Up-skirting Bill 2019 (take video/photo under clothing an offence)
Monarch – signs it off – can’t say no because of democracy, tradition
Advantages and disadvantages of the legislative process
1. Democratic, election in the HoC – H: HoL not elected
2. Lengthy, Consumer Rights Act 2015 – H: delays
3. Parliamentary Sovereignty, can’t question law – H: difficult to remove
legislature
, 4. Quick introduction, Corona Virus 2020 – H: may be flawed
Delegated Legislation: PARENT ACT needed
Types of delegated legislation:
1. Orders in Council – Misuse of Drug 1971 (add/remove substances from
schedules) or Scotland Act 1998 (created Scottish Gov) – Drafted by the Privy
Council with approval by King (Commonwealth, British Ambassador, Royal
Family, gov ministers etc)
2. Statutory Instruments – UTCCR 1999 (protect consumers from unfair terms) –
drafted by gov ministers or legal departments – cover specific detailed issues,
update law, match to comply with EU
3. By laws – by local authorities, enforceable, own geographic areas, given under
the authority of Gov Act 1972, punishable with finem made under Local Gov Act
Controls on delegated legislation by Parliament and the courts
1. Parliamentary Controls
- Checks on Enabling Act - scrutinise the del. Leg., powers: amend, make/unmake
or repeal law
- Affirmative resolution - NEED approval by Parliament – can’t amend (make
changes), only approve, annul or withdraw
- Negative Resolution – becomes law unless rejected by the Parl., in the next 40
days, very few will be looked at
- Super-affirmative resolution – available if the del. Leg was made under the
Legislative and Reform Act 2006 – ministers given powers to amend acts
- Question Gov. Ministers by MPs about proposed/ current leg.
- Scrutiny Committee – scrutinise statutory instruments, can only report findings
and not make a change
2. Judicial controls
- Challenged in court by a person with sufficient interest as “ultra vires” (goes
beyond the powers given by the Enabling/Parent Act)
R v Home Secretary – went beyond CJA 1988
- Procedural ultra vires (process, follows procedures) – Aylesbury
- Substantive ultra vires (facts, merits, context) – Fulham Corporations
- Unreasonableness – no reasonable authority would have done that decision
Wednesbury
effectiveness and ineffectiveness of parliamentary and judicial controls
Judicial ineffective:
1. Only after a challenge is brought, unlike parl. – H: Neg res
2. Expensive, time-consuming, adverse costs – H: can ultra vires
3. Strict policy – can’t do only if they disagree with policy – H: opinions differ
4. Judicial deference – reluctant to interfere with executive decisions – H: if national
policy they do
Reasons for the use of delegated legislation
Legislative process – 7 stages in HoC and the HoL
1. First reading – name and aim of the bill, no further discussion
2. Second reading – MPs debate, speaker controls, not focus on small details, vote
3. Committee stage – 16-50 MPs examine every clause, amendment proposed
4. Report stage- Report the amendments, if no amendments then skip
5. Third reading – final vote
6. Opposite house – House of Lords
7. Royal Assent- Monarch signs
House of Commons:
- Before 1265: citizens were not involved
- Elected every 5 years
- MPs represent public
- 650 members
- Green seating
- Speak with public to observe how law affects + debates law
House of Lords:
- Acts of 1958 and 1999 stopped hereditary peers
- A person for every field (actress – Baroness Benjamin)
- Unelected
- Represent areas of concern, not regions
- Scrutinise government with no limit of members
Green and White Papers – Pre-legislative process
Green: consultation doc, made if unsure about a law that the gov wants to introduce
White: contains the gov firm proposal of the new law after the green paper, white
paper published, and the proposals are drafted into a Bill
different types of Bills, the role of the Crown
1. Public Bills – public policy that affects everyone (Legal Services Act 2007 -
modernise and liberalise the legal services market, making it more competitive,
transparent, and focused on the needs of consumers.)
2. Private Bills – affects only a group of people (UCL Act 1996 – merge with
institutions like Neurology, change structure)
3. Private member Bills – introduced 2 ways – implemented in 2 ways – 1. Ballot
(lottery) 20 private members selected, few become law – Abortion Act 1967) 2.
10 min rule – Up-skirting Bill 2019 (take video/photo under clothing an offence)
Monarch – signs it off – can’t say no because of democracy, tradition
Advantages and disadvantages of the legislative process
1. Democratic, election in the HoC – H: HoL not elected
2. Lengthy, Consumer Rights Act 2015 – H: delays
3. Parliamentary Sovereignty, can’t question law – H: difficult to remove
legislature
, 4. Quick introduction, Corona Virus 2020 – H: may be flawed
Delegated Legislation: PARENT ACT needed
Types of delegated legislation:
1. Orders in Council – Misuse of Drug 1971 (add/remove substances from
schedules) or Scotland Act 1998 (created Scottish Gov) – Drafted by the Privy
Council with approval by King (Commonwealth, British Ambassador, Royal
Family, gov ministers etc)
2. Statutory Instruments – UTCCR 1999 (protect consumers from unfair terms) –
drafted by gov ministers or legal departments – cover specific detailed issues,
update law, match to comply with EU
3. By laws – by local authorities, enforceable, own geographic areas, given under
the authority of Gov Act 1972, punishable with finem made under Local Gov Act
Controls on delegated legislation by Parliament and the courts
1. Parliamentary Controls
- Checks on Enabling Act - scrutinise the del. Leg., powers: amend, make/unmake
or repeal law
- Affirmative resolution - NEED approval by Parliament – can’t amend (make
changes), only approve, annul or withdraw
- Negative Resolution – becomes law unless rejected by the Parl., in the next 40
days, very few will be looked at
- Super-affirmative resolution – available if the del. Leg was made under the
Legislative and Reform Act 2006 – ministers given powers to amend acts
- Question Gov. Ministers by MPs about proposed/ current leg.
- Scrutiny Committee – scrutinise statutory instruments, can only report findings
and not make a change
2. Judicial controls
- Challenged in court by a person with sufficient interest as “ultra vires” (goes
beyond the powers given by the Enabling/Parent Act)
R v Home Secretary – went beyond CJA 1988
- Procedural ultra vires (process, follows procedures) – Aylesbury
- Substantive ultra vires (facts, merits, context) – Fulham Corporations
- Unreasonableness – no reasonable authority would have done that decision
Wednesbury
effectiveness and ineffectiveness of parliamentary and judicial controls
Judicial ineffective:
1. Only after a challenge is brought, unlike parl. – H: Neg res
2. Expensive, time-consuming, adverse costs – H: can ultra vires
3. Strict policy – can’t do only if they disagree with policy – H: opinions differ
4. Judicial deference – reluctant to interfere with executive decisions – H: if national
policy they do
Reasons for the use of delegated legislation
