1.1 Describe processes used for law making
Identify processes used for law making
Describe processes used for law making
Explain: governmental processes (law made by parliament), judicial
processes (laws made by judges)
Parliament's job is to make laws as they are the law-making body, it is the
job of the judge to apply and interpret law made by parliament.
What is parliament?
The government processes for making laws are known as Parliamentary
Law Making. The houses of parliament are in the centre of London. This
process takes place inside the Houses of Parliament which is also known
as the law-making body or legislature.
Within parliament there is two main chambers, the House of Commons
and the House of Lords.
Making laws
Bills (draft laws) start in the House of Lords of the House of Commons.
They go through set stages of approval in both houses before they can be
signed off by the royal assent and become an act of parliament (law).
Types of Bills:
1. Public (governmental) bill – the most common bills are public bills.
They are introduced by the government, and they affect the public.
Bills based on these tend to be passed through parliament easily, it
is recognised that the party was voted into power because of these
policies.
2. Private members bill – these are also public bills. They are put
forward by an individual backbench member of parliament whose
names have been selected by ballot. Time for debate on these bills is
limited and so few become laws unless they have government
support. Such as the abortion act 1967.
, 3. Private bill – these are the least common types of bills. They affect a
particular area or group in the community, not the public. For
example, Faversham Oyster Fishery Company Bill 2016.
4. Hybrid bill – a gross between public bills and private bills. They affect
group and the public at large. For example, High Speed Rail (London-
West Midlands) Act 2017.
Describe the governmental processes:
In total there are 8 stages to Parliamentary Law Making. Prior to the law
becoming a law and during the 8-stage process, the draft legislation is
known as a bill. Once it has been through all the stages, it can then
become an Act of Parliament. Acts are often also referred to as: Statute
Law, Legislation.
Bill – Stage 1:
, Often called the consultation stage-
Before a bill is drafted it will often have started as a green paper – a
proposal for a new law/law reform with comments required before it
progresses to a Bill (government ministers issue them)
White Papers: following the green paper, the government ministers
may publish a white paper which states firm decisions on how the
law should be made/reformed.
When the proposed Act has been drafted, it is published, and at this
stage it is known as a Bill.
The Bill will only become law if it successfully completes all the
necessary stages in Parliament.
A Bill can start in EITHER the HOL or HOC- but financial bills always
start in the HOC
Bill – stage 2 (first reading):
A formal introduction to the Bill, where the title of the Bill and it
maintains are read out. A verbal vote is taken to see if it should reach
the second reading.
Bill – stage 3 (second reading):
The main debate on the Bill, followed by a vote; the Bill must get a
majority vote to go any further.
If there is a division then MP’s will passthrough the ‘Aye’ door or the
‘No’ door and the votes counted. The speaker will then announce if
the ayes have it. If it gets a majority vote it will carry on to the next
stage which is the Committee stage.
Bill – stage 4 (committee stage):
A Standing Committee (of 16–50 MPs) examines the Bill clause by
clause, and amendments are made. The committee is comprised of
, MPs that are experts in that area/have specialist knowledge e.g.
Engineering/banking/education etc.
Bill – stage 5 (report stage):
The amendments made in the committee stage are reported back to
the House and voted on. Only when the House is satisfied with the
bill will it go to the next stage.
Bill – stage 6 (third reading):
Third Reading: The final debate as to whether the Bill should proceed
to the HOL and a vote is taken.
If the Bill proceeds to the HOL, then it will go through the same
reading stages.
Bill – stage 7 (house of lords):
If there are any amendments, they must be sent back to the House of
Commons. If this happens then this stage is called “Lords
Amendments Considered”
Ping pong – amendments may be sent back and forth between the
Houses.
Bill – stage 8 (royal assent):
Royal Assent: This is where the Queen gives her royal assent to the
bill (her approval). The monarchy does not have any legal power
anymore and this is just formality/tradition.
Describe the governmental processes for creating laws (4 marks):
A law starts of as a white paper which is a statement of policy by the
government which outlines the terms of legislative proposals. This then
turns to a green paper which is a consultative document that usually
outlines a range of legislative options. The Bill then goes through 8 stages
which include: the consultation stage (white paper into a green paper), first
reading, second reading, committee stage, report stage, third reading,
House Of Lords amendments and royal assent (where the monarch
Identify processes used for law making
Describe processes used for law making
Explain: governmental processes (law made by parliament), judicial
processes (laws made by judges)
Parliament's job is to make laws as they are the law-making body, it is the
job of the judge to apply and interpret law made by parliament.
What is parliament?
The government processes for making laws are known as Parliamentary
Law Making. The houses of parliament are in the centre of London. This
process takes place inside the Houses of Parliament which is also known
as the law-making body or legislature.
Within parliament there is two main chambers, the House of Commons
and the House of Lords.
Making laws
Bills (draft laws) start in the House of Lords of the House of Commons.
They go through set stages of approval in both houses before they can be
signed off by the royal assent and become an act of parliament (law).
Types of Bills:
1. Public (governmental) bill – the most common bills are public bills.
They are introduced by the government, and they affect the public.
Bills based on these tend to be passed through parliament easily, it
is recognised that the party was voted into power because of these
policies.
2. Private members bill – these are also public bills. They are put
forward by an individual backbench member of parliament whose
names have been selected by ballot. Time for debate on these bills is
limited and so few become laws unless they have government
support. Such as the abortion act 1967.
, 3. Private bill – these are the least common types of bills. They affect a
particular area or group in the community, not the public. For
example, Faversham Oyster Fishery Company Bill 2016.
4. Hybrid bill – a gross between public bills and private bills. They affect
group and the public at large. For example, High Speed Rail (London-
West Midlands) Act 2017.
Describe the governmental processes:
In total there are 8 stages to Parliamentary Law Making. Prior to the law
becoming a law and during the 8-stage process, the draft legislation is
known as a bill. Once it has been through all the stages, it can then
become an Act of Parliament. Acts are often also referred to as: Statute
Law, Legislation.
Bill – Stage 1:
, Often called the consultation stage-
Before a bill is drafted it will often have started as a green paper – a
proposal for a new law/law reform with comments required before it
progresses to a Bill (government ministers issue them)
White Papers: following the green paper, the government ministers
may publish a white paper which states firm decisions on how the
law should be made/reformed.
When the proposed Act has been drafted, it is published, and at this
stage it is known as a Bill.
The Bill will only become law if it successfully completes all the
necessary stages in Parliament.
A Bill can start in EITHER the HOL or HOC- but financial bills always
start in the HOC
Bill – stage 2 (first reading):
A formal introduction to the Bill, where the title of the Bill and it
maintains are read out. A verbal vote is taken to see if it should reach
the second reading.
Bill – stage 3 (second reading):
The main debate on the Bill, followed by a vote; the Bill must get a
majority vote to go any further.
If there is a division then MP’s will passthrough the ‘Aye’ door or the
‘No’ door and the votes counted. The speaker will then announce if
the ayes have it. If it gets a majority vote it will carry on to the next
stage which is the Committee stage.
Bill – stage 4 (committee stage):
A Standing Committee (of 16–50 MPs) examines the Bill clause by
clause, and amendments are made. The committee is comprised of
, MPs that are experts in that area/have specialist knowledge e.g.
Engineering/banking/education etc.
Bill – stage 5 (report stage):
The amendments made in the committee stage are reported back to
the House and voted on. Only when the House is satisfied with the
bill will it go to the next stage.
Bill – stage 6 (third reading):
Third Reading: The final debate as to whether the Bill should proceed
to the HOL and a vote is taken.
If the Bill proceeds to the HOL, then it will go through the same
reading stages.
Bill – stage 7 (house of lords):
If there are any amendments, they must be sent back to the House of
Commons. If this happens then this stage is called “Lords
Amendments Considered”
Ping pong – amendments may be sent back and forth between the
Houses.
Bill – stage 8 (royal assent):
Royal Assent: This is where the Queen gives her royal assent to the
bill (her approval). The monarchy does not have any legal power
anymore and this is just formality/tradition.
Describe the governmental processes for creating laws (4 marks):
A law starts of as a white paper which is a statement of policy by the
government which outlines the terms of legislative proposals. This then
turns to a green paper which is a consultative document that usually
outlines a range of legislative options. The Bill then goes through 8 stages
which include: the consultation stage (white paper into a green paper), first
reading, second reading, committee stage, report stage, third reading,
House Of Lords amendments and royal assent (where the monarch
