Law making

Parliamentary law making:

Influences on parliament =

·     Private member’s bills - back bench MPs try change the law. Abolition of death penalty Sydney Silverman. 

·     Pressure groups - Uses protests + petitions. Greenspace. 

·     Europe - Requires UK change law according to regulations. Sex Discrimination Act 1986. 

·     Public opinion - Especially close to elections. 

·     Media - News reports Pit Bull Terroirs attacking children led to passing Dangerous Dogs Act 1991. 

·     Judicial reports - Judges investigate area of law needs reforming. Lord Woolf’s report on Civil Court system led Civil Procedure Rules 1999. 

Legislative process =

·     Green paper - Idea new law. 

·     White paper - Sets out how law should be reformed. 

·     Bill - Published proposal. Private bill, doesn’t affect whole country. Public bill, effects country made by government. Hybrid bill, effects individual made by government. 

·     First reading - Title read out. 

·     Second reading - House debates bill, vote through aye or no door. 

·     Committee stage - Make suggestions / amendments.

·     Report stage - Report back house with proposals.

·     Third reading - Final reading. 

·     Process repeated in other house. 

·     Royal assent - Queen signs. 

·     Act comes into force on midnight of that day unless another date has been set. 

Delegated legislation: 

Types of delegated legislation =

·     Orders in council - Privy council, PM + leading members of government. When parliament is not sitting in times of emergency it allows Queen + Privy council to make an order in council. Used in foot and mouth crisis 2001. 

·     Statutory instruments - Regulations made by government departments to implement the provisions made in the act. Prevents rewriting whole act to make changes. Dangerous Dogs Act allows Home Secretory add more breeds of dogs. 

·     By laws - Made by local authorities e.g. Traffic control. Made by public corporations e.g. Network Rail. 

Controls =

·     By parliament - Enabling Act, states who power delegated to + procedure must follow. 

House of Lords delegated scrutiny committee, checks laws that delegate powers. 

Affirmative resolution procedures, parliament votes before legislation can be passed. 

·     By courts - Procedural ultra vires where public authority has not followed the procedures set out in the enabling act for creating delegated legislation, Aylesbury Mushrooms, failure…