Parliamentary Law Making

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  • Parliamentary Law Making
    • House of commons
      • house of lords
        • royal assent
          • Monarchs formal agreement - his/her signature and royal stamp
          • The last monarch to refuse a bill was = queen ann scottish militia bill 1707
        • The HOC process is repeated
        • Amendments = if the HOL makes amendments it has to be sent back to the HOC - if HOC disagree it is sent back to HOL - this is called PINGPONG
        • if the 2 houses can't make an agreement, the HOC can make a bill an act without the HOL agree by using = S2 Parliament act 1911 as amended by parliament act 1949
      • second stage = the bill is discussed - aims and principle of the bill are debated - voted onto next stage by MPs
      • first stage = government minster introduces bill - no discussion - no vote- for MPS to consider the bill
      • committee stage = discussed by a standing committee made up of 18 to 50 MPs - wording is reviewed in detail
      • Report stage = any amendments made at the committee stage are reported back to the HOC - amendments are voted on
      • Third  reading = further debate on the wording - principles are not discussed - vote is taken - stage only takes place if 6 MPs request it
    • Parliamentary Sovereignty
      • FACTOR 2  Parliament can make any law it wants even if the general public disagree.
        • FACTOR 3 no body or person has the right to override the legislation of parliament
          • FACTOR 1 The doctrine requires that no parliament bind its successors =  parliament cannot make laws that restrict future law making
      • LIMITATION = entrenched law = laws difficult for future parliament to change e.g. voting rights for women.
        • LIMITATION = EU law takes priority over English law e.eg factorame
          • LIMITATION = human rights act 1998
            • LIMITATION = public opinion = e.g. council tax law ( the public will not re-elect the MPs)
              • LIMITATION = devolution = scotland act 1998 and wales act 1998 means parliament has lost supremacy in these areas

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