LAW PAPER 2
PRE-LEGISLATIVE PROCESS
Idea stage – ideas for new laws come from pressure groups and the Law Commission
Consultation stage – idea discussed with experts and interested parties
Initial idea written onto green paper
Firm proposal written onto white paper
Drafting stage – known as a bill whilst it passes through Parliament
Private bills affect a small amount of people, introduced by local councils
Public bills affect the whole country
Government bills – ideas come from manifestos
Private Member’s bills – ideas come from backbench MPs, may waste time by false arguments
Successful Private Member’s bill – Sydney Silverman abolition of the death penalty in 1965
LEGISLATIVE PROCESS
Process typically starts in the House of Commons
First reading – title and main aims read out by MP sponsoring bill, if enough votes to proceed, date
is set for second reading
Second reading – HOC debates the bill, aye or no door, speaker announces whether the “ayes”
have it
Committee stage – Public Bill Committee scrutinise the bill and make suggestions
Report stage – Public Bill Committee report back to the HOC
Third reading – final read through of the bill, continues to second chamber
House of Lords – process repeated, and HOL suggest changes, no power to prevent, power to
delay, HOC may use Parliamentary Acts to bypass the HOL, example of this is the Hunting Act 2005
Royal assent – Monarch signs bill and it becomes an Act of Parliament
LEGISLATIVE PROCESS EVALUATION
ADVANTAGES DISADVANTAGES
7 stage process allows bill to be scrutinised Lengthy process means that some bills run out
effectively and checked for errors of time so either have to be reintroduced or
not at all, may lead to rushed bills such as the
Dangerous Dogs Act 1991
Whip system ensures that MPs vote for their Whip system seen as undemocratic, whips are
party and support them, especially for passing accused of using bullying tactics
important bills
House of Lords restrict powers and can delay House of Lords is unelected and therefore
bills for up to one year (or one month for undemocratic
money bills), cannot prevent a bill from
becoming a law
First reading allows for the opposition to obtain Legal academics such as Professor Zander
a copy of the bills and prepare their arguments argue that the first reading is a “pure moment
for the debate in the second reading of nothing” and a “waste of time”
TYPES OF DELEGATED LEGISLATION
Bylaws – made by local councils, granted power through Local Government Act
Example – public corporations such as bus services can impose fines for non-payment of fares
Orders in Council – made by Privy Council, used in times of emergency under Emergency Powers
Act
Example – outbreak of Foot and Mouth Disease 2001
Statutory Instruments – made by government ministers and their departments
Example – Dangerous Dogs Act 1991 allowed Home Secretary to add dogs to the list if deemed
necessary
Affirmative Resolution – legislation requires approval from Parliament
Negative Resolution – if legislation isn’t rejected within 40 days, it automatically becomes law
NEEDS FOR DELEGATED LEGISLATION
Lack of parliamentary time – pass responsibility onto others to allow Parliament to focus on more
important, national laws
Quicker to pass – legislation doesn’t have to be passed through the pre-legislative or legislative
process
More easily amended – some laws need constant changing in emergencies (Coronavirus restrictions
to reduce the spread)
Technical expertise – expert knowledge on certain areas, they know what laws need to be put in
place for that certain area
CONTROLS BY PARLIAMENT ON DELEGATED LEGISLATION
Enabling Act – must be worded correctly to enforce the correct procedure that must be followed
, LAW PAPER 2
Joint Select Committee on Statutory Instruments – scrutinise statutory instrument, make HOC and
HOL aware of any issues
HOL Delegated Powers Scrutiny Committee – check bills that delegate future law making, report
any findings
Affirmative Resolution – grants law making powers to Government Ministers, must be approved by
Parliament
Negative Resolution – Parliament can cancel a piece of legislation within 40 days, if not cancelled,
automatically becomes law
CONTROLS BY THE COURT (JUDICIAL REVIEW PROCESS)
Ultra Vires – going beyond the powers that were granted within the Enabling Act, judge declares
legislation void
Substantive UV – courts hold that the creator of the legislation has gone beyond the powers
granted to them
Ann Summers v Jobcentre Plus – Jobcentre refused to advertise jobs for Ann Summers
Procedural UV – piece of legislation is unlawful because the correct procedure wasn’t followed
Aylesbury Mushroom – minister failed to consult relevant parties (Mushroom Growers Association)
which was required
Unreasonableness – courts hold that there was no power to make unreasonable legal rules
Strickland v Hayes – prohibited singing or reciting obscene language, covered acts done in private
as well as public
DELEGATED LEGISLATION EVALUATION
ADVANTAGES DISADVANTAGES
Saves parliamentary time, allows Parliament to Parliamentary controls aren’t always effective,
focus on more important, national laws some legislation may be rushed through
Allows laws to be made by parties who have Lack of public knowledge for the laws, 3000
technical expertise, expert knowledge on statutory instruments are passed each year,
certain areas may be unclear
Laws can be made in emergency situations Scrutiny of such a large amount of legislation
under the Emergency Powers Act, allows fast may be difficult to keep up with, laws passed
response to issues with mistakes
Laws can be easily amended and revoked if Delegated legislation is undemocratic,
they aren’t working disrespects parliamentary sovereignty, not
held accountable for errors
CONTROLS ON DELEGATED LEGISLATION EVALUATION
ADVANTAGES DISADVANTAGES
Parliament has the initial control through use Enabling Acts sometimes unclear, Dangerous
of an Enabling Act, respects parliamentary Dogs Act 1991
sovereignty
Affirmative Resolution uses a debate to Affirmative Resolution takes up parliamentary
scrutinise the statutory instrument, time, MPs don’t have to turn up to the debate
standardised procedure leads to more which wastes time further
consistencies
Negative Resolution ensures the piece of Negative Resolution may not be looked at or
delegated legislation is given to Parliament to debated within 40 days, high chance that
allow them to effectively scrutinise of debate unclear laws are passed, doesn’t uphold public
any issues confidence
Joint Select Committee on Statutory Joint Select Committee on Statutory
Instruments are able to effectively scrutinise Instruments can only suggest amendments, no
delegated legislation and check for any errors, power to actually change the legislations
ensuring that the power given was appropriate
LITERAL RULE
Definition – judge takes ordinary, natural meaning despite it leading to an absurd outcome
DPP v Cheeseman – Town Police Clauses Act, offence to expose yourself to “passengers”
L&NER v Berriman – lookout provided to those working on tracks, husband was “maintaining”
Whitley v Chappell – offence to impersonate a person “entitled” to vote, dead person isn’t entitled
to vote
Fisher v Bell – Offensive Weapons Act, flick knives in shop window was invitation to treat, not an
“offer for sale”
