Acts of Parliament
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How (most) laws are made
Most new laws passed by Parliament result from proposals made by the
government.
Proposals aim to shape society or address particular problems.
Normally, they are created over a period of time.
A bill is proposed legislation under consideration by a legislature
An Act of Parliament is a statute enacted as primary legislation by the parliament.
Bills may start their passage in either the House of Commons or House of Lords, although
bills which are mainly or entirely financial will start in the Commons. Each bill passes
through the following stages:
Pre-legislative Scrutiny: Joint committee of both houses review bill and vote on
amendments that government can accept or reject. Reports are influential in later stages as
rejected committee recommendations are revived to be voted on.
First Reading: No vote occurs. Bill is presented, printed, and in private members' bills,
a Second Reading date is set.
Second Reading: A debate on the general principles of the bill is followed by a vote.
Committee Stage: A committee considers each clause of the bill, and may make
amendments.
Report Stage: An opportunity to amend the bill. The House consider clauses to which
amendments have been tabled.
Third Reading: A debate on final text as amended.
Passage: The bill is then sent to the other House which may amend it.
First Reading: Same procedures
Second Reading: Same procedures
Committee Stage: Same procedures
Report Stage: Same procedures
Third Reading: Same procedures as in the Commons, but further amendments may
also be made.
Passage: The bill is then returned to the original House.
Pre-legislative Scrutiny to consider all amendments.
The bill is then processed for Royal Assent, if accepted, the bill becomes an Act.
Effect on law reform in English law
A pressure group can be described as an organised group that does not put up candidates
for election, but seeks to influence government policy or legislation. They can also be
described as ‘interest groups’, ‘lobby groups’ or ‘protest groups.
Firstly, it can merely inform legislators of its member’s preferences. Second it may well
give money or time to help with an election campaign. Third, its members may threaten, as
a group, to vote as a bloc. By doing this they promise to help a cooperative legislator, and
threaten to harm a non-cooperative legislator. Fourth, a pressure group may speed up
legislation by writing bills and helping legislators make progressive agreements. Finally, a
pressure group my attempt to influence members of the executive, who have some law
making input and who can partly decide the strength and effectiveness of law enforcement..
Create awareness about a cause amongst the public. Poster and leaflet campaign.
Abortion Act 1967. Civil Partnership Act 2004
However, gay rights groups were successful in getting the age of homosexual consent
lowered from
18 to 16 in 2000.
Law reform agencies
The Law Commission Act 1965 set up the Law Commission as a permanent body. It consists
of five legal experts chosen from the judiciary, legal profession and legal academics. Its job
is to:
• identify areas of law where reform is necessary
• codify the law
• repeal obsolete laws
• consolidate and modernise the law, for example the
Family Law Act 1996 changed the law on divorce. . Unfair Contracts Terms Act 1977
Around 70% of the Law Commission’s proposals eventually become law, but a lot of the
work that it does is disregarded.
Royal Commissions
Royal Commissions are groups of independent experts who are asked to consider a specific
area of concern in the law. They are set up on an ad hoc basis and work part time to
investigate issues and then formulate their proposals.
Examples of Royal Commissions include the Runciman Commission, the Pearson
Commission 1978 and the Wakeham Commission.
Law Reform Committee
Part time body dealing with small areas of civil law. (Occupiers Liability Act 1986)
Media
-. The media may campaign for a change in the law, e.g. reports concerning pit bull terriers
attacking children led to the Dangerous Dogs Act 1991. Criminal Justice Act 2003 – ‘double
jeopardy’ rule.
The campaign to ‘name and shame’ paedophiles after the death of Sarah Payne was,
however, unsuccessful.
The media can be good as they make the Government aware of public feelings which they
need to be aware of as they want the publics votes.
European Union Law (before BREXIT- June 2016)
If UK law does not conform to EU law, Parliament must create a new law.
For example, the Sex Discrimination Act 1986 was created to improve protection of
female workers.
Judiciary
Judges may play a role in law reform at times. They may be asked to review and eventually
lead an investigation into technical areas of law. Woolf Commission on civil justice – CPR
1999
Political Parties
A political party is defined as an organised group of people with at least roughly similar
political aims and opinions, that seeks to influence public policy by getting its candidates
elected to public office.