this is the unit 23 assignment 2 but its only learning aim C, P5 and P6. i uploaded the other tasks separately if your interested. this is everything you need to write about too. definitely recommend.
the legislative process and the impact of the european union on english law
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BTEC
PEARSON (PEARSON)
Business 2016 NQF
Unit 23 - The English Legal System
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Unit 23: the english legal system –assignment 2.
Fully finished assignment for unit 23, ASSIGNMENT TWO. this includes P5
AND P6. I wrote covered everything you need to write about to achieve the
task.
Learning aim C: explore sources of law relevant for providing legal advice.
The legislative process and the impact of the european union on english law.
23/C.P5 demonstrate how the legislative process would apply in given
scenarios.
In this task, I will demonstrate how the legislative process would apply in a given
scenario.
An act of parliament is when the parliament create a law themselves. Another name
for this is a legislation.
The legislative process – within a parliament there is the house of commons, the
house of lords and the monarch who are all responsible for making laws. This
includes removing any old/outdated laws, making new laws, consolidating other acts
of parliament and bringing together the laws on one topic. There are many reasons
as to why an idea for a law may come out. These ideas for change could be by any
pressure groups like amnesty international etc or the law commissions, political party
manifestos, MPs and the government or any private bodies/individuals.
Legislation may also be needed in order to respond to a emergency situation like
with Covid19 a emergency lockdown was created.
Once a potential law idea is identified and also accepted by the government a ‘green
paper’ will then be drafted. This refers to a consultation document which is aimed at
getting some feedback from any people or groups who are affected or interested in
this law. After the white paper is then the green paper which is more specific about
the plans for changing a law.
When it comes to making an act of parliament there are many stages involved.
These include first reading. This is where the members are notified of the proposal
(the idea which is trying to be made a law) and the title of the Bill (potential law) is
read out. Then when this stage is completed its moved to the second reading. This is
where there will be a debate where there can be suggestions for amendments and a
vote. After this, there is the committee stage. This is where there is a detailed
scrutiny of the proposal by a committee aswell as a opportunity for any amendments.
After this, the next stage will be the report stage. This is where the committee will
report back, and any amendments are debated then a vote will be taken. After this, is
the third reading. This is where there is another opportunity for a short debate/vote.
Then the proposal goes back to the other house for an action replay of all the stages
which were taken regarding the proposal. Lastly, is the royal assent. This is where
the Queen must give her consent and sign her signature for approval. The proposal
will only become a law if the queen agrees and if she does (which she never has
, dissaproved of a law) then it becomes a law once it has been accepted by both
houses.
Here is a diagram showing what happens throughout a bill’s journey through
parliament.
Public and private members bills.
Private members bills are public bills which are first introduced by any MPs and lords
who aren’t government ministers. Their purpose is to change a law so it can reflect
upon the public. Its rare that a private member's bill becomes a law but if enough
publicity Is created regarding the issue then its likely to receive legislation indirectly.
The reason why the private members bills are less likey to become a law is as,
although this bill will go through the same stages as any other bill, there is less time
allocated so less likely for it to become a law.
For a bill to be introduced within the house of commons then a member must provide
both a short title –which it will be known by and also a long title – describes what it
does. And then there are 3 ways of introducing the private members bills into the
house of commons. These include:
The ballot. This gives the best chance of the bill being passed to a law as the ballot
bills receive priority for the debating time. The ballot means that any members
applying for a bill will be wrote down and drawn in a ballot during the debate which
takes place on the second sitting thursday of a parliamentary session. Typically,
when this happens only the first 7 bills that come out of the ballot box will be more
likely to get a day's debate.
The second way is the ten minute rule. This is where bills can have the opportunity
to receive a debate from members based on the subject or aspect of any legislation
that already exists. Members can make 10-minute speeches which includes an
outline of their position and allows other members to disagree on with a similar short
statement. The benefit of this rule is its it provides a really good opportunity to bring
attention to an issue and whether or not member support this cause.
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