Cameron Miranda
The process of making laws in the UK differs from that of England in several ways. In the UK, the law-making process involves the Houses of Parliament, which is divided into two parts: the House of Commons and the House of Lords. Both houses play a crucial role in passing laws, and a bill must be approved by both before becoming a law. Additionally, the UK has separate legislative bodies for Scotland, Wales, and Northern Ireland, which have the power to make laws specifically for their respective jurisdictions. On the other hand, England's law-making process is more centralized, with laws typically being created by the UK Parliament and applying to the whole of England. Another difference lies in the role of the monarch; while the UK's monarch has a ceremonial role in the law-making process, known as Royal Assent, England's law-making process is more closely tied to the decisions of the UK Parliament and the reigning monarch's role is more symbolic.
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What You'll Learn
The role of the House of Commons
The House of Commons plays a crucial role in the process of making laws in the UK. It is the first chamber of the Houses of Parliament, with its famous green benches, where Members of Parliament (MPs) sit to discuss matters affecting the UK.
Most commonly, Bills are introduced in the House of Commons through a first reading, which can happen at any time during the Parliamentary Session. This involves reading the title of the Bill, without a debate about its contents. Following this, the Bill is published for the first time and then goes to a second reading, where MPs debate the main principles of the Bill. The debate will be started by the Government minister, spokesperson, or MP responsible for the Bill, and the Opposition spokesperson will respond with their views. This continues the debate, with MPs giving their views and what they think might be missing. After the second reading, there is a vote, and the Bill must receive over half of the votes to get past this stage.
If the House of Commons approves a Bill, it passes to the next House (the House of Lords) for approval. However, if the House of Lords makes amendments to the Bill, it will need to pass back to the House of Commons to be voted on again. Any changes to the Bill must be agreed upon by both Houses. While the House of Lords cannot permanently block a Bill, it can delay it for a year if it votes against it.
The House of Commons is an essential part of the law-making process, as a Bill cannot become a law without its agreement. Once both Houses of Parliament have agreed on the content of a Bill, it then requires approval from the reigning monarch, known as Royal Assent, to officially become a law.
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The role of the House of Lords
The House of Lords is the second chamber of Parliament. Its main role is to 'double-check' new laws to ensure they are fair and workable. The House of Lords is comprised of peers, who may be former MPs or representatives of political parties, or they may be unaffiliated with any specific party. The House of Lords plays a crucial role in making laws, alongside the House of Commons.
A Bill must be agreed upon by both the House of Commons and the House of Lords before it can become a law. The Bill can be introduced by either house, but most commonly, it is introduced in the House of Commons by the Government. The first reading of a Bill involves reading the title in the House of Commons, and it can take place at any time during the Parliamentary Session. Following this, the Bill is published for the first time.
The second reading is when MPs debate the principles of the Bill, and the Government minister, spokesperson, or MP responsible for the Bill starts the debate. The Opposition spokesperson then responds, and the debate continues with MPs giving their views. After the Bill has been explained and discussed, there is a vote. The Bill must receive more than half of the votes to pass the second reading.
If the House of Lords votes against a Bill that the Commons wants, it can be delayed for a year, but the House of Lords cannot block a Bill permanently. Any amendments made to a Bill by one House must be agreed upon by the other House, and the Bill will need to pass back to the original House to be voted on again.
Once a Bill has passed through both Houses of Parliament, it requires Royal Assent, which is the monarch's official approval. The monarch does not make a personal decision but accepts the advice of the UK Government. The last time Royal Assent was refused was in 1708.
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The role of the reigning monarch
The UK's legislative process is complex and multi-layered, with laws being made for the entire UK as well as specific regions like Wales, Scotland, and Northern Ireland. The role of the reigning monarch in this process is crucial, albeit largely ceremonial.
The UK's head of state, currently King Charles III, has the final say on whether a bill becomes a law. This is done through the process of Royal Assent, which is the monarch's official approval of a bill. While the monarch's role in this process is essential, it is largely a formality, as they accept the advice of the UK government. The last time Royal Assent was refused was back in 1708.
The process of a bill becoming a law begins with its introduction in either the House of Commons or the House of Lords. The bill then goes through several stages of reading and debate, with potential amendments being suggested. Once the bill has passed through both Houses of Parliament, it is sent to the monarch for approval.
The monarch's role in this process is significant as it represents the final stage of a bill's progression through Parliament. While the monarch does not make a personal decision on the content of the bill, their approval is necessary for it to become law. This approval is a key aspect of the UK's legislative process and underscores the importance of the monarch's role as head of state.
In summary, the reigning monarch's role in the process of making laws in the UK is primarily ceremonial, but it is a vital step in ensuring the legitimacy and finalisation of new laws. The monarch's approval, through Royal Assent, is an essential part of the legislative process and underscores the UK's unique constitutional monarchy.
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The process of a bill becoming a law
Firstly, a bill is a proposal for a new law or a proposal to change an existing law. A bill can be introduced by the government, individual MPs or Lords, or private individuals or organisations. The most common way a bill is introduced is by the government in the House of Commons, and these are often public bills as they change how the law applies to the general population.
Once a bill has been introduced, it must go through several readings in both the House of Commons and the House of Lords. The first reading involves reading the title of the bill and formally announcing the process of making it into a law. The second reading involves debating the reasons for the bill and explaining why it is needed. After the second reading, there is a vote, and the bill must receive over half of the votes to pass. The committee stage involves a group of members from either House suggesting changes to the bill. The report stage is where further changes can be proposed, and the bill can be debated by the House of Commons. Finally, the third reading involves a final, shorter debate on the current content of the bill.
After a bill has passed through both Houses of Parliament, any amendments made must be agreed upon by both Houses. If the House of Lords votes against a bill that the Commons wants, it can be delayed for a year, but the Lords cannot permanently block it.
Finally, the bill receives Royal Assent, which is the monarch's official approval. The monarch does not make a personal decision but accepts the advice of the government. This is the final stage of a bill's progress in Parliament.
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Differences in legislation between England and Wales
The process of making laws in England and Wales involves several stages and participants. While the two countries share a common law legal system, there are differences in how legislation is made and implemented in each country.
In England, the process of making laws typically begins with the introduction of a Bill, which can be proposed by the government, individual MPs, Lords, or private individuals or organisations. This Bill is then subjected to multiple readings and debates in the House of Commons and the House of Lords, where it must be agreed upon before proceeding. The bill is first introduced in the House of Commons through a first reading, followed by a second reading where it is debated and voted on. If it passes, it moves to the House of Lords for further scrutiny. If amendments are made by the House of Lords, the bill returns to the House of Commons for another vote. This back-and-forth can occur until both houses agree on the content. Finally, the bill receives Royal Assent from the monarch, who officially approves it, although in practice, this is done based on the advice of the UK government.
In Wales, the legislative process is handled by the Welsh Parliament, also known as Senedd Cymru. This democratically elected body creates laws specifically for Wales across a range of subject areas. Acts of Senedd Cymru, previously known as Acts of the National Assembly for Wales, are published in both English and Welsh. While Wales has the power to create legislation for its own jurisdiction, in areas outside of its remit, laws that apply to Wales may be made by other bodies, such as local authorities or the UK government.
One notable difference between the two countries is the historical influence of common law. In England, common law has been a foundational aspect of the legal system, with its roots in the Anglo-Norman legal system post-1066. This system of judge-made laws and precedents has been a key feature of English law for centuries. On the other hand, Wales has its own distinct legal traditions and history, which have influenced the development of its legislation.
Additionally, due to the impact of Brexit, England's primary legislation no longer falls under the rule of European Union law, whereas Wales, as part of the UK, has experienced changes in its legislation due to the UK's departure from the EU.
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Frequently asked questions
The first step in the law-making process in England is to draft a bill, which is a proposal for a new law or a change to an existing one. This bill can be introduced by the government, individual MPs, Lords, or private individuals or organisations.
The law-making process in England involves the House of Commons, the House of Lords, and the monarch. The House of Commons is the most powerful of the two houses, and it is where Members of Parliament (MPs) discuss policies and make laws. The House of Lords acts as a "second chamber" to double-check new laws and ensure they are fair and functional. Finally, the monarch must give Royal Assent, or official approval, for a bill to become a law.
The first step in the law-making process in the US is to introduce a bill, which is a proposal for a new law or a change to an existing one. The idea for a bill can come from a sitting member of the US Senate or House of Representatives, be proposed during their election campaign, or be petitioned by citizens.
In the US, the law-making process involves the House of Representatives, the Senate, and the President. Both the House and the Senate must agree on a bill for it to be sent to the President, who has the power to veto it. If the President vetoes a bill, Congress can override the veto with a two-thirds majority vote in both houses.
