Keith Mack
The UK legislative system is a complex process involving multiple institutions and actors. While the UK Parliament, consisting of the House of Commons and the House of Lords, plays a primary role in debating and passing laws, the involvement of government ministers, the monarch, and devolved legislatures in Scotland, Wales, and Northern Ireland adds further complexity. The process begins with a 'bill', which can be proposed by a government minister or an ordinary Member of Parliament (MP), and concludes with Royal Assent by the monarch, formally establishing the bill as an Act and, thus, law.
| Characteristics | Values |
|---|---|
| Main law-making body | UK Parliament |
| House of Commons | |
| House of Lords | |
| Monarchy | |
| Welsh Parliament | |
| Northern Ireland Assembly | |
| Scottish Parliament | |
| Government ministers |
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What You'll Learn
Members of Parliament (MPs)
MPs can introduce a bill, which is a proposed law that is presented to Parliament. A bill can also be introduced by the government, in the form of a government-sponsored bill. Once a bill has been debated and approved by each House of Parliament, and received Royal Assent, it becomes a law, or an Act.
The process of taking a bill through Parliament involves several stages. Firstly, there is a first reading, where the person(s) bringing the bill formally announces the start of the process of making the bill into a law. This is followed by a second reading, where the bill is explained and debated. After the bill has been explained and discussed, there is a vote. If the bill receives over half of the votes, it continues its journey, and a committee is formed to suggest changes.
Bills can begin in either the House of Commons or the House of Lords, although certain bills, such as those involving taxation, must start in the Commons. A bill may move back and forth between the two Houses if amendments are made, in a process known as "ping pong", until an agreement is reached.
Once a bill has been passed by both Houses, it becomes law once it has been given Royal Assent by the Monarch, which is the final stage of the bill's progress in Parliament.
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The House of Lords
Historically, the House of Lords was more powerful than the House of Commons, particularly during the reign of Henry VIII (1509-1547). However, the power of the nobility declined during the Wars of the Roses in the late 15th century, and the House of Lords lost its dominance in the 19th century.
Today, the House of Lords plays a crucial role in the law-making process. While it cannot prevent bills from becoming laws, it can delay their enactment by up to one year. This ability to revise and delay legislation makes the House of Lords an important body in the UK's legislative process, providing a check and balance on the House of Commons.
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The Monarchy
The UK is a constitutional monarchy, with a monarch as the head of state. The monarch has the final say on whether a bill becomes a law. This is called Royal Assent and is the monarch's official approval of a bill. However, in practice, the monarch does not make a personal decision but accepts the advice of the UK government. The last time Royal Assent was refused was back in 1708.
The process of making a bill into a law starts with the introduction of a bill in Parliament. A bill is a proposed law. Any Member of Parliament can introduce a bill, although the idea for a bill normally comes from the government. This is called a government-sponsored bill. A bill can also come from an ordinary MP. Most bills can start in either the House of Commons or the House of Lords, but certain bills, such as those whose main aim is the imposition of taxation, must start in the Commons. Bills of major constitutional importance also usually start in the Commons.
Once a bill has been introduced, it goes through several stages of reading and debate in both Houses of Parliament. During the second reading, the bill is explained, and its reasons are debated. After the bill has been explained and discussed, there is a vote. The bill must receive over half of the votes to get past the second reading. A committee, a group of members of either House, then looks at the details of the bill and suggests changes, or amendments. The bill goes back and forth between the two Houses until both agree on the text.
After a bill has been approved by both Houses of Parliament, it receives Royal Assent from the monarch and becomes an Act of Parliament, or law. An Act of Parliament creates a new law or changes an existing law. Acts of Parliament together make up what is known as Statute Law in the UK. An Act may come into force immediately, on a specific future date, or in stages.
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Acts of Parliament
A bill, or proposed law, can be introduced by any Member of Parliament, including government ministers, and it can start in either the House of Commons or the House of Lords, depending on its nature. Bills that impose taxation or carry constitutional significance usually begin in the Commons. During the first reading, the bill's title is read out, marking the formal start of its legislative journey. The second reading involves a debate on the bill's principles, where its proponents must convince others of its merits. A vote is then held, and if successful, the bill proceeds to the committee stage.
Committees, comprised of members from either House, scrutinise the bill's details and suggest amendments. The bill then proceeds to the third reading, where the House debates and votes on any amendments. If the bill passes this stage, it moves to the second House and undergoes the same process. If amendments are made, it returns to the first House, potentially going back and forth in a process known as "ping pong" until both Houses agree on the text.
Once a bill is approved by both Houses, it receives Royal Assent from the monarch, the UK's head of state. While the monarch technically has the final say, in practice, they accept the advice of the government. After Royal Assent, the bill becomes an Act of Parliament and is enacted as law. An Act may come into force immediately, on a specific future date, or in stages, as indicated in the 'Commencement' section of the Act.
It's worth noting that Acts of Parliament can be further categorised as Public General Acts, dealing with matters of general public interest, or Private Acts, which include Local Acts (for local matters) and Personal Acts (relating to specific individuals). While most Acts apply across the UK, Scotland, Wales, and Northern Ireland have powers to create legislation for their own jurisdictions.
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Delegated legislation
In the UK, Members of Parliament (MPs) are voted in by the public to discuss policies and make laws. The House of Commons is the most important place for MPs to do this. The House of Lords is Parliament's second chamber, and its main job is to ''double-check' new laws to make sure they are fair and will work. The UK also has a Monarchy, and the King has the final say on whether a bill becomes a law as he is the head of state.
Statutory Instruments (SIs) are the most common form of delegated legislation. They are made by Ministers or other individuals or bodies who have been given the power to do so, usually in an Act of Parliament. An SI contains and makes into law the measures wanted by Ministers or other authorised bodies.
A document that records delegated legislation will begin with a preamble, describing the author of the legislation, the related parent act and its preconditions, and any stakeholders. The terms used in the document are determined by the type of delegated legislation it records. For example, in orders, clauses are called "articles".
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Frequently asked questions
The UK Parliament, which consists of the House of Commons, the House of Lords, and the Monarch, is responsible for debating and passing laws.
The House of Commons is where Members of Parliament (MPs) discuss policies and make laws. Bills can be introduced by any MP and must pass through both Houses of Parliament to become law.
The House of Lords acts as a "second chamber" to ""double-check" new laws. While they cannot permanently block a bill, they can delay it for a year if they vote against it.
The Monarch has the final say on whether a bill becomes a law through Royal Assent. However, they typically accept the advice of the UK government.
