Summary
Summary Legal system and methods
- Module
- Legal Systems And Methods
- Institution
- University Of Winchester (UoW)
statutory interpretation
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Parliament and the Legislative Process1. Introduction
Under UK constitutional law, Parliament is described as being supreme: it has the
power to enact, revoke or alter any law as it sees fit. It can amend all other sources
of law.
Coupled to this wide power is the convention that no Parliament can bind its
successors in such a way as to limit their absolute legislative powers: Parliament
cannot require itself to legislate in a particular way in future.
This absolute power is a consequence of the historical struggle between Parliament
and the Stuart monarchy in the 17th century. In its conflict with the Crown,
Parliament claimed the power of making law as its sole right.
In this way, Parliament curtailed the royal prerogative (the power of the monarch to
make decisions) and limited the monarchy to a purely formal role in the legislative
process. Prerogative powers still exist and remain important, but are now exercised
by the government in the name of the Crown, rather than by the Crown itself. In this
battle for ultimate power, the courts sided with Parliament and, in return, Parliament
recognised the independence of the courts.
Although we still refer to our legal system as based on common law, and although
the courts still have an important role to play in the interpretation of statutes,
legislation is the predominant method of law making in contemporary times. It is
therefore necessary to gain an understanding of the workings of the legislative
process.
2. The Legislative Process
2.1 Pre-Parliamentary Process:
Proposals
Legislation may be proposed in a number of different ways:
1
, ● Proposals made by individual MPs or members of the House of Lords
(These are known as Private Members’ Bills – they have very little chance
of becoming law unless they have government support)
● Government proposals
Green Papers
● These are consultation documents by the government, setting out broad
proposals for legislation
White Papers
● These set out more detailed proposals which may form the basis of a Bill
The government does not have to issue either a Green or a White paper before
introducing legislation.
2.2 The Parliamentary Legislative Process:
Parliament consists of three distinct elements:
● the House of Commons,
● the House of Lords, and
● the Monarch.
Before any legislative proposal, known at that stage as a Bill, can become an Act of
Parliament it must:
● Proceed through both Houses of Parliament;
2
, ● Be approved by both Houses of Parliament (but see Acts of Parliament 1911 and
1949); and
● Must receive the Royal Assent (i.e. the approval of the monarch).
The ultimate location of power, however, is the House of Commons which has the
authority of being a democratically elected institution.
2.3 The Legislative Stages
Stage 1: Readings in the House of Commons
When a Bill is introduced in the Commons, it undergoes five distinct procedures:
1. First Reading
2. Second Reading
3. Committee Stage
4. Report Stage
5. Third Reading
Stage 2: Readings in the House of Lords
When a Bill has passed all these stages in the House of Commons, it is passed to
the House of Lords for its consideration.
The House of Lords repeats all the procedures that took place in the House of
Commons.
Stage 3: Amendments passed back to the House of Commons
After consideration by the Lords, the Bill is passed back to the House of Commons
who must then consider any amendments to the Bill that might have been introduced
by the Lords.
Stage 4: Royal Assent
3
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