A law becomes fully functional when it is passed by the legislature and signed into law by the executive. In the United States, for example, a bill must be passed by both the House of Representatives and the Senate before being presented to the President for approval. The President can either approve the bill and sign it into law, or veto it. If the President chooses to veto the bill, Congress can override the veto with a two-thirds majority vote in both Houses, and the bill will become a law.
Characteristics | Values |
---|---|
Creation | A law can be created by a legislature, resulting in statutes; by the executive through decrees and regulations; or by judges' decisions, which form precedent in common law jurisdictions. |
Influences | The creation of laws may be influenced by a constitution, written or tacit, and the rights encoded therein. |
Scope | Public law concerns government and society, including constitutional law, administrative law, and criminal law; while private law deals with legal disputes between parties in areas such as contracts, property, torts, delicts and commercial law. |
Sources | The sources of ideas for legislation are unlimited and can include members of the legislature, constituents, citizen groups, the executive branch, etc. |
Legislative Process | The legislative process can vary depending on the country and type of law but generally involves the introduction of a proposal, referral to a committee, consideration and voting, and approval by a head of state. |
Enforcement | Laws are enforced by social or governmental institutions. |
What You'll Learn
- The law is proposed by a member of the House of Representatives or Senate, or by a citizen group
- The proposal is assigned to a committee for research, discussion, and changes
- The proposal is put before the chamber for a vote
- If the proposal passes, it goes to the other chamber to repeat the process
- If both chambers vote to accept, they must work out any differences before a final vote
The law is proposed by a member of the House of Representatives or Senate, or by a citizen group
In the United States, the lawmaking branch of the federal government is Congress, which consists of the Senate and the House of Representatives. A bill is a proposal for a new law or a change to an existing law. The idea for a bill can come from a sitting member of the U.S. Senate or House of Representatives or be proposed during their election campaign. Bills can also be petitioned by people or citizen groups who recommend a new or amended law to a member of Congress that represents them. This is known as the right to petition and is guaranteed by the First Amendment to the Constitution.
Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. The bill is then put before that chamber to be voted on. If the bill passes one body of Congress, it goes to the other body to go through a similar process of research, discussion, changes, and voting.
In the House of Representatives, any member, delegate, or resident commissioner from Puerto Rico may introduce a bill at any time while the House is in session by simply placing it in the "hopper", a wooden box provided for that purpose and located on the side of the rostrum in the House Chamber. Permission is not required to introduce the measure. The member introducing the bill is known as the primary sponsor. In the Senate, a senator usually introduces a bill or resolution by presenting it to one of the clerks at the presiding officer's desk, without commenting on it from the floor of the Senate. However, a senator may use a more formal procedure by rising and introducing the bill or resolution from the floor, usually accompanied by a statement about the measure.
In the House of Representatives, it is no longer the custom to read bills—even by title—at the time of introduction. Instead, the title is entered into the Journal and printed in the Congressional Record. The bill is then referred to the appropriate committee or committees by the Speaker, with the assistance of the Parliamentarian. The bill number and committee referral appear in the next issue of the Congressional Record. It is then sent to the Government Printing Office, where it is printed, and copies are made available in the document rooms of both Houses. Printed and electronic versions of the bill are also made available to the public.
The committee provides the most intensive consideration of a proposed measure, as well as a forum for the public to be heard. There are currently 20 standing committees in the House and 16 in the Senate, in addition to several select committees. Each committee's jurisdiction is defined by certain subject matter under the rules of each House, and all measures are referred accordingly. For example, the Committee on the Judiciary in the House has jurisdiction over measures relating to judicial proceedings, constitutional amendments, immigration policy, bankruptcy, patents, copyrights, and trademarks.
After hearings are completed, the subcommittee will usually consider the bill in a session that is popularly known as the "markup" session. The views of both sides are studied in detail, and at the conclusion of the deliberation, a vote is taken to determine the action of the subcommittee. It may decide to report the bill favourably to the full committee, with or without amendment, or unfavourably, or without recommendation. The subcommittee may also suggest that the committee "table" it or postpone action indefinitely.
At full committee meetings, reports on bills may be made by subcommittees. Bills are read for amendment in committees by section, and members may offer germane amendments. Committee amendments are only proposals to change the bill as introduced and are subject to acceptance or rejection by the House itself. A vote of committee members is taken to determine whether the full committee will report the bill favourably, adversely, or without recommendation.
If the committee votes to report the bill favourably to the House, it may report the bill with or without amendments. If the committee has approved extensive amendments, the committee may decide to report the original bill with one "amendment in the nature of a substitute" consisting of all the amendments previously adopted, or it may introduce and report a new bill incorporating those amendments, commonly known as a "clean" bill.
Finally, a conference committee made up of House and Senate members works out any differences between the House and Senate versions of the bill. The resulting bill returns to the House and Senate for final approval.
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The proposal is assigned to a committee for research, discussion, and changes
The legislative process varies across different countries and political systems. In the United States, for instance, a bill is a proposal for a new law or a change to an existing law. The idea for a bill can come from a sitting member of the U.S. Senate or House of Representatives, be proposed during their election campaign, or be petitioned by citizens or citizen groups. Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill.
In South Africa, the process of making a law may start with a discussion document called a Green Paper that is drafted by the Ministry or department dealing with a particular issue. This is then published for comment, suggestions, or ideas, leading to the development of a White Paper, which is a broad statement of government policy. The White Paper is drafted by the relevant department or task team, and the relevant parliamentary committees may propose amendments or other proposals. After this, it is sent back to the Ministry for further discussion, input, and final decisions. Before a bill can become a law, it must be considered by both Houses of Parliament (National Assembly and National Council of Provinces), published in the Government Gazette for public comment, and referred to the relevant committee.
In Canada, the legislative process involves several stages, including the introduction of a bill, its consideration and passing by the House of Commons, and its passing by the Senate. The bill is then given royal assent, at which point it becomes law.
In India, the law-making process has been criticized for favouring speed over careful consideration, which has resulted in laws that are ineffective or counterproductive. To address this, it has been suggested that the government should consult all stakeholders and seek public comments before introducing a bill in Parliament. Additionally, every government bill should undergo detailed scrutiny by a parliamentary subject committee before being discussed and passed by legislators. Finally, after a law is approved, its functioning should be periodically assessed to determine if it is working as intended or if changes are required.
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The proposal is put before the chamber for a vote
In the United States, the process of a bill becoming a law involves several steps. A bill is a proposal for a new law or a change to an existing law. Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. The bill is then put before the chamber to be voted on.
The proposal being put before the chamber for a vote is a critical stage in the law-making process. This stage involves presenting the bill to either the House of Representatives or the Senate, depending on where it was initially introduced. This step ensures that the bill undergoes scrutiny and debate by the elected representatives of the people.
During this stage, the bill is carefully examined and discussed by the members of the chamber. They consider the potential impact of the proposed legislation, weighing its advantages and disadvantages. Amendments may be proposed and incorporated into the bill to address concerns or refine its provisions. This process can involve passionate debates and negotiations as lawmakers attempt to reach a consensus or compromise.
The voting process itself can vary depending on the chamber's rules and procedures. In the House of Representatives, a simple majority vote is usually required for a bill to pass. In the Senate, on the other hand, a supermajority of 60 votes may be needed to end debate and bring the bill to a final vote. This difference highlights the distinct procedures followed by each chamber.
It is important to note that passing a bill through one chamber does not make it a law. For a bill to become a law, it must pass through both the House of Representatives and the Senate, undergoing similar processes of research, discussion, changes, and voting in each chamber. This bicameral process ensures that laws are thoroughly vetted and reflect the will of the people as represented by their elected officials.
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If the proposal passes, it goes to the other chamber to repeat the process
In the United States, the process of how a bill becomes a law is different in the House of Representatives and the Senate. A bill is a proposal for a new law or a change to an existing law. A bill can be proposed by a sitting member of the U.S. Senate or House of Representatives, be part of their election campaign, or be petitioned by citizens or citizen groups. Once a bill is introduced, it is assigned to a committee, whose members will research, discuss, and make changes to the bill. The bill is then put before the chamber to be voted on.
If the bill passes one body of Congress, it goes to the other body to repeat the process of research, discussion, changes, and voting. Once both bodies vote to accept a bill, they must work out any differences between the two versions. Then, both chambers vote on the same version of the bill. If it passes, they present it to the president.
The process of a bill becoming a law is not always based on simple majority rule. There are certain principles that are so important to the nation that the majority has agreed not to interfere in these areas. For example, the Bill of Rights was passed because concepts such as freedom of religion, speech, equal treatment, and due process of law were deemed so important that, barring a Constitutional Amendment, not even a majority should be allowed to change them.
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If both chambers vote to accept, they must work out any differences before a final vote
The process of making a law is complex and varies across jurisdictions. However, in bicameral systems, such as the United States, a bill must pass through both chambers of Congress before it can become a law. If both chambers vote to accept a bill, they must then work together to reconcile any differences between their respective versions. This collaborative process involves negotiation and compromise to reach a consensus on the final wording of the bill. Once both chambers agree on the same version of the bill, they will present it to the president for approval.
In the United States, the legislative process begins with the introduction of a bill in either the House of Representatives or the Senate. A bill is a proposal for a new law or a change to an existing law. Once introduced, the bill is assigned to a committee, which will research, discuss, and make changes to it. The bill is then put before the chamber for a vote. If it passes one body of Congress, it moves to the other body, where it undergoes a similar process of research, discussion, changes, and voting.
If both chambers of Congress vote to accept a bill, the next step is to reconcile any differences between their respective versions. This process involves negotiation and compromise to reach a consensus on the final wording of the bill. This collaborative effort is crucial to ensure that the final bill reflects the input and agreement of both chambers. Once both chambers agree on the same version of the bill, they will present it to the president for approval.
The president plays a crucial role in the legislative process as they have the power to approve or veto a bill. If the president approves the bill, they will sign it into law. However, if the president chooses to veto the bill, Congress has the power to override the veto by voting on the bill again. In most cases, a two-thirds majority vote in both chambers is required to override a presidential veto. If Congress successfully overrides the veto, the bill becomes a law.
It is important to note that the legislative process can be lengthy and complex, involving multiple stages of drafting, discussion, amendment, and voting. The involvement of both chambers of Congress and the president ensures a system of checks and balances, allowing for careful consideration and revision of proposed laws.
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Frequently asked questions
The process of a bill becoming a law varies between jurisdictions. In the US, a bill is a proposal for a new law or a change to an existing law. The idea for a bill can come from a sitting member of the U.S. Senate or House of Representatives or be proposed during their election campaign. Bills can also be petitioned by citizens or citizen groups. Once introduced, a bill is assigned to a committee, which will research, discuss, and make changes to it. The bill is then put before the chamber to be voted on. If the bill passes one body of Congress, it goes to the other body to go through a similar process. Once both bodies vote to accept a bill, they must work out any differences between the two versions. Then both chambers vote on the same version of the bill. If it passes, they present it to the president. The president can approve the bill and sign it into law or refuse to approve it, which is called a veto. If Congress can vote to override that veto, the bill becomes a law.
Public law concerns government and society, including constitutional law, administrative law, and criminal law. Private law deals with legal disputes between parties in areas such as contracts, property, torts, delicts, and commercial law.
Civil law is the legal system used in most countries. It is primarily based on legislation and custom. Common law is used in countries that were once tied to the British Empire (except Malta, Scotland, the U.S. state of Louisiana, and the Canadian province of Quebec). Common law is based on decisions by courts, which are explicitly acknowledged as "law" on equal footing with legislative statutes and executive regulations.