legaleasy

10 October, 2006

Group Presentations on the Domestic Process

Filed under: domestic law,homework — legaleasy @ 8:56 pm

This lesson saw three groups deliver their lessons on The Domestic Legislative Process.

Group 1’s presentation was on “Introducing an Act of Parliament”. We saw that the pressure for new laws comes from a variety of sources. The main ones are: Government policy; EU Law; Law Commission Reports; reports by other commissions or committees; and pressure groups.

We also looked at different types of bill (an act before it is passed is called a bill).

  • Government Bill – introduced by a Government minister. Usually becomes law.
  • Public Bill – a bill that concerns matters relating to the general public.
  • Private Bill – a bill that relates to individuals or a private body like a university.
  • Hybrid Bill – a mix of a public and private bill.

Private Members’ Bill – one which is introduced under by a backbench MP. There are three ways to do this:-

  1. by ballot
  2. Under standing order no.39
  3. the ten minute rule

Consolidation bill – brings together provisions of various acts in one place.

Group 2’s presentation was on “The Process in Parliament”. We looked at the stages a bill goes through:

Bill is drafted
then
First Reading in the House of Commons
then
Second Reading in the House of Commons
then
Committee Stage
then
Report Stage
then
Third Reading in the House of Commons
then
Same Procedure in the House of Lords
then
Royal Assent

We also discovered the House of Lords power is limited by the Parliament Acts 1911 and 1949. These allow an act to become law even if the House of Lords reject it. It is rarely used.

An act either comes into force at midnight on the day it receives Royal Assent or more usually after a commencement order. Sometimes an act will never come into force.

Group 3’s presentation was on “Criticisms and Problems with Sovereignty”.

We saw through an example that the language used in acts of Parliament is complex and not easily understood not just by lay people but lawyers too! The Renton Committee in 1975 produced a report on the problems with language used in legislation. It made a number of recommendations but only a few of these were implemented. The Hansard Society Commission 1992 also produced a report which underlined the principles for domestic law making.

Parliament law is sovereign over every other type of law. However, this has been restricted in recent years. The major restrictions on sovereignty are the EU law dimension and the Human Rights Act 1998.

We looked at the various influences on law reform in the UK – including pressure groups, domestic and world event as well as political motivation. We commented on the various reasons why law reform is necessary.

One of the main bodies driving reform is the Law Commission. It is a full time body whose role is to keep the law under review. It looks at both consolidating and codifying the law.

We also examined the role of Royal Commissions. These are part time bodies set up (usually in reaction to an event) to look at a specific change in the law.  
Additional Reading

  • see previous post
  • The Renton Committee Report 1975
  • The Hansard Society Commission 1992

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