parliamentary law

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  • parliamentary law making
    • house of commons
      • publicly elected chamber of parliament
      • most bills are introduced here first
      • if the house of commons votes against the bill then the bill ends there
      • this house will debate the issues of the policy as well as specific details of the bill
      • the government have majority in the house of commons, so it is likely that policies supported by the government will become law
    • house of lords
      • acts as a check on the house of commons
      • as bills go through this house, they can vote against proposed changes to the law
        • however, the power of the HOL is limited by the...
          • this allows a bill to become a law even if the house of lords rejects it
          • HOL can only delay a law by up to one year
          • parliament acts 1911 and 1949
            • the principle behind theses acts is that the HOL is not an elected body, its purpose is to refine and add to the law rather then oppose the will of the democratically elected HOC
      • not elected
    • pre-legislative process
      • before introducing a bill, the government can choose to issue a green paper and/or white paper
        • green papers are consultation documents to allow both inside and outside parliament to debate the subject and give feedback
          • green paper - contains alternative policies (doubts)
        • white papers are documents setting out details of firm proposals on a certain subject and are often the basis of a bill to be put before parliament - opportunity to give final further feedback
          • white paper - more a authoritative report
    • types of bills
      • public bills involving public policy that affect the whole country or a large part of it - there are two types:
        • government bills : introduced by government and will be included in the queens speech - it includes bills introduced as part of their manifesto
          • example - marriage (same sex couple) 2013
        • private members' bill : these are opportunities for backbench MP's to propose new laws (these bills have little chance of success mainly due to lack of parliamentary time
      • private bills: only affects individual people or companies
      • hybrid bills: introduced by government but only affects a particular person, organization or place
    • the parliamentary process
      • first reading: name of the bill is read out
        • second reading: main debate on the whole bill, there will be a formal vote where majority must be in favor for the bill to progress any further
          • committee stage: detailed examination of the bill by 16-50 MP's
            • report stage: committees report back to the house on certain amendments
              • third reading: final vote on the bill

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