Kara Sears
The UK has three distinct legal systems, each deriving from a particular geographical area: English law (in the joint jurisdiction of England and Wales), Scots law, and Northern Ireland law. Wales has been recognised as having a separate legal operation, but it is not considered a fourth jurisdiction of the UK as its judiciary and courts follow England and Wales law. Bills, which are proposed laws or changes to existing laws, are presented before Parliament for debate. They must pass through both the House of Commons and the House of Lords, before receiving Royal Assent from the monarch, to become an Act of Parliament.
| Characteristics | Values |
|---|---|
| Type of law | Primary legislation |
| Who can propose a bill | Government or ordinary MP |
| What is a bill | An idea that someone thinks will make a good law |
| Who drafts the bill | Departmental lawyers and drafters |
| Who approves the bill | Both Houses of Parliament (House of Commons and House of Lords) and the Monarch |
| Who are MPs | Members of Parliament, voted in by the public |
| Who are in the House of Lords | Non-elected members |
| Who has the final say | The King, as the head of state |
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What You'll Learn
The role of the House of Commons
The House of Commons is the most powerful of Parliament's two houses. The 650 Members of Parliament (MPs) that make up the House of Commons are publicly elected by the UK population to represent their interests and concerns.
The House of Commons is the most important place for MPs to discuss policies and make laws. MPs debate the big political issues of the day and proposals for new laws. It is one of the key places where government ministers, like the Prime Minister and the Chancellor, and the principal figures of the main political parties, work.
The House of Commons is responsible for granting money to the government through approving Bills (proposed laws) that raise taxes. Decisions made in the House of Commons must be approved by the House of Lords, except for financial Bills, such as new taxes, which are decided by the House of Commons alone.
The Speaker, an MP elected by other MPs, chairs debates in the House of Commons. They are responsible for ensuring that the rules are observed and that order is maintained in the Chamber. The Speaker ceases to be involved in party politics and becomes politically impartial once elected.
The House of Commons must decide whether it wants a bill, with its amendments, to become law. If the House of Commons approves a bill, and it passes to the House of Lords for approval but amendments are made, it will need to pass back to the House of Commons to be voted on again. Any changes (amendments) made have to be agreed on by both Houses.
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The role of the House of Lords
The House of Lords is the second chamber of the UK Parliament. It is independent from, and complements the work of, the elected House of Commons. The House of Lords shares the task of making and shaping laws and checking and challenging the work of the government.
The House of Lords is responsible for considering bills (draft laws). All bills must be considered by both Houses of Parliament before they can become law. Members of the House of Lords examine each bill, line-by-line, before it becomes an Act of Parliament (actual law). Many of these bills affect everyday life, covering areas such as welfare, health, and education.
The House of Lords has three stages for considering bills: the first reading, second reading, and committee stage. During the first reading, the bill name is read in the chamber. The second reading involves a debate on the purpose and key areas of the bill, where members discuss any concerns or specific areas where they think changes may be needed. The committee stage involves a detailed line-by-line scrutiny of the text with amendments.
The House of Lords also has a Church of England role, as Church Measures must be tabled within the House by the Lords Spiritual. The Lords Spiritual have a role in ensuring that Measures (proposed laws of the Church of England) are put before the Lords.
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The role of the Monarch
The process of law-making in the UK involves the creation of a 'bill', which is an idea that could become a law. This bill must pass through both the House of Commons and the House of Lords before going to the Monarch for Royal Assent, which is the Monarch's official approval. While the Monarch has the power to grant or withhold assent (veto), in practice, Royal Assent is always given, and the last time it was refused was in 1708.
The Monarch's role in approving laws is, therefore, a formality, and they accept the advice of the UK government. This is because the power of the Monarchy has been reduced over time, and their authority over the government is constrained by laws enacted in Parliament and by conventions and precedents.
In addition to approving laws, the Monarch has other important functions, including appointing the Prime Minister, bestowing honours, and representing the UK in a diplomatic capacity. The Monarchy is considered a "unique soft power and diplomatic asset" for the country, serving as an ambassador for British interests and values.
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How a bill becomes a law
In the UK, an Act of Parliament creates a new law or changes an existing law. An Act is a Bill that has been approved by both the House of Commons and the House of Lords and received Royal Assent from the monarch. This process typically begins with a bill, which is an idea that someone thinks will make a good law. The idea for a bill normally comes from the government and is called a government-sponsored bill. However, it can also originate from an ordinary MP, in which case it is called a private member's bill.
Once the idea for a bill is conceived, it undergoes a drafting process. Drafters work with relevant departmental lawyers and policy officials to ensure the bill is drafted clearly and effectively. This stage is crucial as mistakes in drafting could result in unfair laws or loopholes that allow people to ignore them. After the drafting process, the bill is submitted to the authorities of the House in which it will start its legislative journey.
The bill then goes through several stages in each House before becoming a law. These stages include formalities, such as reading out the title of the bill, as well as debates and votes. During the debates, government ministers present the case for the bill, while the opposition and other members discuss and propose amendments. If the bill passes the vote in one House with amendments, it goes back to the original House for voting on the amendments. Any changes must be agreed upon by both Houses.
If the bill passes through both the House of Commons and the House of Lords, it moves on to the final stage: receiving Royal Assent from the King. As the head of state, the King gives official approval to the bill, turning it into an Act of Parliament or a law. This marks the end of the bill's journey through Parliament, and the Act may come into force immediately or at a later specified date.
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Primary and secondary legislation
In the UK, laws are made in Parliament, where politicians meet to decide on matters such as how money is spent on schools, hospitals, and the police. The process of law-making begins with a 'bill', which is a proposed law or a proposed change to an existing law. Different types of bills can be introduced by the government, individual MPs, Lords, or private individuals and organisations.
Once a bill is introduced, it must pass through both Houses of Parliament: the House of Commons and the House of Lords. The House of Commons is the most powerful of the two houses, where Members of Parliament (MPs) discuss policies and make laws. The House of Lords acts as a "double-checker", ensuring that new laws are fair and functional. If amendments are made to a bill in one House, it must pass back to the original House for another vote.
If both Houses agree on the bill, it can move forward with 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. This is the final stage of a bill's progress in Parliament. Once Royal Assent is given, the bill becomes an Act of Parliament, creating or changing a law. An Act may come into force immediately, on a specific future date, or in stages.
Now, let's delve into primary and secondary legislation:
Primary Legislation
Primary legislation refers to the main laws passed by the legislative bodies of the UK, including Acts of the UK Parliament, Scottish Parliament, Welsh Parliament, and Northern Ireland Assembly. It also encompasses Acts passed by historical parliaments and certain legislative instruments made under the royal prerogative, known as Prerogative Orders. These can be Orders in Council, made with the advice of the Privy Council, or Orders of Council, made by the Lords of the Privy Council without the King's approval. Primary legislation generally consists of statutes or "Acts", which set out broad principles and rules.
Secondary Legislation
Secondary legislation, also known as delegated or subordinate legislation, is law made by an executive authority under powers delegated by an enactment of primary legislation. It allows the executive agency to implement and administer the requirements of the primary legislation. In the UK, forms of secondary legislation include Statutory Instruments, which can take the form of Orders in Council, regulations, rules, and orders. Other forms include Church Instruments and Scottish Statutory Instruments. Secondary legislation amounts to about half of Commonwealth law by volume. While it is made by the executive, it is scrutinised by Parliament and can be disallowed by a resolution of either House.
In conclusion, the UK's law-making process involves the introduction of bills, their passage through both Houses of Parliament, Royal Assent, and the creation or amendment of laws through primary and secondary legislation.
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Frequently asked questions
The UK has three distinct legal systems: English law, Scots law, and Northern Irish law. Wales is not considered a separate jurisdiction as it follows English law. The UK Parliament is where politicians meet to decide on laws and make decisions for the UK. The Parliament consists of the House of Commons, the House of Lords, and the Monarch. The House of Commons is directly elected by the people, and the House of Lords acts as a "double-checker" for new laws. The Monarch has the final say on whether a bill becomes a law.
A bill is a proposed law or a proposed change to an existing law that is presented before Parliament for debate. A bill can be introduced by the government, individual MPs, Lords, or private individuals/organisations. It must pass through both the House of Commons and the House of Lords. If amendments are made in one House, it will need to pass back to the original House for another vote. After passing through both Houses, the bill receives Royal Assent, which is the official approval from the Monarch.
Royal Assent is the final stage of a bill's progress in Parliament and is the Monarch's official approval for a bill to become a law. 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 1707 or 1708.
Secondary legislation is used to make changes to existing laws if the Act of Parliament allows it. This is done through statutory instruments. An example of secondary legislation is the use of Prerogative Orders, which are legislative instruments made by the Crown and the Privy Council under the royal prerogative.
