Aneesa Ahmed
Complete Law Making
OCR A- Level Law
Contents:
- Parliamentary Law making (2)
- Delegated legislation (5)
- Statutory Interpretation (9)
- Judicial Precedent (14)
- Law Reform (17)
Page 1 of 18
,Aneesa Ahmed
Parliamentary Law Making
Who can introduce each bill?
• Public bills/ government bills are introduced by the government and affect the
whole country or a large section of it
• e.g. LASO 2012, Constitutional reform act 2005
• Private members bills are introduced by backbench MPs that come up with ideas
and these affect everyone
• E.g. abortion act 1967
• Private bills are introduced by the government or backbench MPs, these affect
individual people or corporations
• E.g. UCL act 1996 which combined the hospital with UCL so it can be used by
the uni students
• (MPs may have had influence from other interest groups e.g. lobbyists, interest
groups, charities, social media etc)
What is the legislative process
• starts w pre legislative process high include the green and white paper. Pre
scrutiny
1) start with green paper which is all the ideas and decisions about how it is going
to reform the law- first consultation paper
2) then is the white paper which is the consular action document by the govt.
anyone interested in the changed can comment. The views are discussed and
only necessary amendments are made
3) first reading- formal, the main aims of the bill are read out, no vote or discussion
4) second reading- main debate, verbal and formal, voting (come back into
chamber through either door and tellers count- majority = bill progresses)
5) committee stage- examination of each clause by 16-50MPS (standing
committee- interested people chosen for Bill), in finance bills the entire house
sits
6) report stage- committee reports back to the house, no amendments no report,
amendments debated and a chance for second thoughts
7) third reading- final vote, unlikely to failure here process
8) PROCESS REPEATS IN THE OTHER HOUSE. E.G. first reading in HoC, then in HoL
etc. this is called ping pong, this continues until everyone agrees. Amendments
proposed in one house sent to the other and vice versa
9) royal assent- monarch formally gives approval of the Bill- formality
Page 2 of 18
, Aneesa Ahmed
Evaluation of the Legislative Process
Advantages Disadvantages
A)Democratic 1. Undemocratic
• made by our elected representatives • HoL is unelected. They may delay a
• Parliament is answerable to the law from passing despite the
electorate because there has to be a Parliaments acts 1911 + 1949 e.g.
general election once every five years Rwanda Bill. Sometimes the Bill is
• Government can be voted out of office if rejected by the HoL + the Bill is
it has not performed as the electorate never reintroduced into the HoC
expected • Approval of the Crown is
B) Consultation during the pre-legislative undemocratic + archaic
process • MPs are obliged to 'take the whip'
• before a bill is presented to parliament (and do what their boss says) and
there will have been consultation on the not vote with their conscience
proposed changed to the law • First past the post: our electorate
• Allows the gov to take into consideration system operates using 'first past
subjections and objections to the the post' meaning the candidate
proposals. with the most votes takes all
• Use of green papers also makes sure 2. ministers are not specialists in
that the proposed law has received some areas of legislation
consultation (green= consultation paper) • so some pieces of legislation will
• Law is certain as it can only be changed not receive the same level of
by another act scrutiny
C) There is lengthy discussions and • More likely specialists in the House
scrutiny in both houses of Lords
• Bills are debated and considered by both 3. Long Process
HoL and HoC meaning it will be discussed 1. with a different readings,
thoroughly committee and report stages can
• Different stages: Committee stage etc take several months
etc o The original bill can be
• 3 votes in each house altered several times during
• More specialists in the House of Lords the parliamentary legislative
D) It can produce simpler and more process
comprehensive law o Meaning the final act is not
• Acts of Parliament can reform whole as clear or comprehensive
areas of law in one Act, making the law as it might have been
simpler to find o E.g. consumer rights act
• Law commission investigates existing took 14months, Rwanda
law and produces reports to parliament Bill (people waiting when it
• E.g. fraud act 2006 which abolished old can decide there lives)
offences of deception and fraud and 4. Can produce long and complex law
created a newer and simpler structure of that is difficult to understand
offences o many Supreme Court cases
• Judges can only change small parts of have issues with
the law in relation to the point of law of the understanding the
case
Page 3 of 18
Complete Law Making
OCR A- Level Law
Contents:
- Parliamentary Law making (2)
- Delegated legislation (5)
- Statutory Interpretation (9)
- Judicial Precedent (14)
- Law Reform (17)
Page 1 of 18
,Aneesa Ahmed
Parliamentary Law Making
Who can introduce each bill?
• Public bills/ government bills are introduced by the government and affect the
whole country or a large section of it
• e.g. LASO 2012, Constitutional reform act 2005
• Private members bills are introduced by backbench MPs that come up with ideas
and these affect everyone
• E.g. abortion act 1967
• Private bills are introduced by the government or backbench MPs, these affect
individual people or corporations
• E.g. UCL act 1996 which combined the hospital with UCL so it can be used by
the uni students
• (MPs may have had influence from other interest groups e.g. lobbyists, interest
groups, charities, social media etc)
What is the legislative process
• starts w pre legislative process high include the green and white paper. Pre
scrutiny
1) start with green paper which is all the ideas and decisions about how it is going
to reform the law- first consultation paper
2) then is the white paper which is the consular action document by the govt.
anyone interested in the changed can comment. The views are discussed and
only necessary amendments are made
3) first reading- formal, the main aims of the bill are read out, no vote or discussion
4) second reading- main debate, verbal and formal, voting (come back into
chamber through either door and tellers count- majority = bill progresses)
5) committee stage- examination of each clause by 16-50MPS (standing
committee- interested people chosen for Bill), in finance bills the entire house
sits
6) report stage- committee reports back to the house, no amendments no report,
amendments debated and a chance for second thoughts
7) third reading- final vote, unlikely to failure here process
8) PROCESS REPEATS IN THE OTHER HOUSE. E.G. first reading in HoC, then in HoL
etc. this is called ping pong, this continues until everyone agrees. Amendments
proposed in one house sent to the other and vice versa
9) royal assent- monarch formally gives approval of the Bill- formality
Page 2 of 18
, Aneesa Ahmed
Evaluation of the Legislative Process
Advantages Disadvantages
A)Democratic 1. Undemocratic
• made by our elected representatives • HoL is unelected. They may delay a
• Parliament is answerable to the law from passing despite the
electorate because there has to be a Parliaments acts 1911 + 1949 e.g.
general election once every five years Rwanda Bill. Sometimes the Bill is
• Government can be voted out of office if rejected by the HoL + the Bill is
it has not performed as the electorate never reintroduced into the HoC
expected • Approval of the Crown is
B) Consultation during the pre-legislative undemocratic + archaic
process • MPs are obliged to 'take the whip'
• before a bill is presented to parliament (and do what their boss says) and
there will have been consultation on the not vote with their conscience
proposed changed to the law • First past the post: our electorate
• Allows the gov to take into consideration system operates using 'first past
subjections and objections to the the post' meaning the candidate
proposals. with the most votes takes all
• Use of green papers also makes sure 2. ministers are not specialists in
that the proposed law has received some areas of legislation
consultation (green= consultation paper) • so some pieces of legislation will
• Law is certain as it can only be changed not receive the same level of
by another act scrutiny
C) There is lengthy discussions and • More likely specialists in the House
scrutiny in both houses of Lords
• Bills are debated and considered by both 3. Long Process
HoL and HoC meaning it will be discussed 1. with a different readings,
thoroughly committee and report stages can
• Different stages: Committee stage etc take several months
etc o The original bill can be
• 3 votes in each house altered several times during
• More specialists in the House of Lords the parliamentary legislative
D) It can produce simpler and more process
comprehensive law o Meaning the final act is not
• Acts of Parliament can reform whole as clear or comprehensive
areas of law in one Act, making the law as it might have been
simpler to find o E.g. consumer rights act
• Law commission investigates existing took 14months, Rwanda
law and produces reports to parliament Bill (people waiting when it
• E.g. fraud act 2006 which abolished old can decide there lives)
offences of deception and fraud and 4. Can produce long and complex law
created a newer and simpler structure of that is difficult to understand
offences o many Supreme Court cases
• Judges can only change small parts of have issues with
the law in relation to the point of law of the understanding the
case
Page 3 of 18
