Keith Mack
The process of creating laws in England is complex and involves multiple institutions. It starts with a 'bill', which is a proposal for a new law or a change to an existing law. This bill can be introduced by the government, individual Members of Parliament (MPs), Lords, private individuals, or organisations. The bill then goes through several readings and votes in both the House of Commons and the House of Lords, with amendments being suggested and voted on. If the bill passes both Houses, it goes to the monarch for Royal Assent, or official approval. The UK also has secondary legislation, which can be used to make changes to existing laws if they allow it. While England has its own legal system, the UK's three legal jurisdictions—England and Wales, Northern Ireland, and Scotland—have a substantial overlap, and the UK does not have a single legal system due to its history of political unions.
| Characteristics | Values |
|---|---|
| Number of distinct legal jurisdictions in the UK | 3 |
| Legal jurisdictions | England and Wales, Northern Ireland, Scotland |
| The House with the most power | House of Commons |
| The House with the main job of 'double-checking' new laws | House of Lords |
| The House where bills are most commonly introduced | House of Commons |
| The House that can overrule the decisions of inferior courts | House of Lords |
| The House that can create new criminal offences without reference to Parliament | House of Lords |
| The House that can make changes to existing laws | House of Commons |
| The House that can introduce a private member's bill | House of Commons |
| The House that can introduce a government-sponsored bill | House of Lords |
| The House that can receive a bill with amendments | House of Commons |
| The House where members are elected by the public | House of Commons |
| The House where members are not elected by the public | House of Lords |
| The House that can send a bill for Royal Assent | House of Lords |
| The House that can receive a bill back from the House of Lords after amendments | House of Commons |
| The House that can pass a bill with a majority of votes | House of Commons |
| The House that has the power to interpret UK law | House of Lords |
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What You'll Learn
The role of the House of Commons
The House of Commons is the lower house of the UK Parliament, but it is the predominant house over the House of Lords. The UK public elects 650 Members of Parliament (MPs) to represent their interests and concerns in the House of Commons.
The House of Commons is the most important place for MPs, who are voted in by the public, to discuss policies and make laws. Members of the Commons debate the big political issues of the day and proposals for new laws. MPs consider and propose new laws, and can scrutinise government policies by asking ministers questions about current issues either in the Commons Chamber or in Committees.
The House of Commons also has various committees, such as the Domestic Committee, which oversees the administration of the House and the services provided to Members. Other committees include Joint Committees (which also include members of the House of Lords), the Committee on Standards and Privileges (which considers matters of parliamentary privilege and members' conduct), and the Committee of Selection (which determines the membership of other committees).
Although the House of Commons does not formally elect the prime minister, the prime minister must maintain its support. The Commons may indicate its lack of support for the government by rejecting a motion of confidence or by passing a motion of no confidence.
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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 has three main functions: making laws, investigating public policy, and holding the government to account.
The House of Lords shares the task of making and shaping laws and checking and challenging the work of the government. Members spend more than half of their time in the House considering bills (draft laws). All bills must be considered by both Houses of Parliament before they can become law. During several stages, members examine each bill, line-by-line, before it becomes an Act of Parliament (actual law). Many of these bills affect our everyday lives, covering areas such as welfare, health, and education.
The House of Lords is equipped to perform this 'revising' role due to the wide range of expertise and experiences of its members and its independence of thought. A large proportion of its members have no political affiliation. Some members are former politicians, while others are experts in business, education, science, and other public policy areas.
The House of Lords once was more powerful than the House of Commons. Up to the passing of the Parliament Act 1911, the House of Lords held the power to veto bills passed by the House of Commons. The 1911 Act saw this power reduced to the delaying power the House of Lords has today. While it is unable to prevent bills from passing into law, except in certain limited circumstances, it may delay the enactment of bills for up to one year.
In addition to its role as the upper house, the House of Lords, through the Law Lords, acted as the final court of appeal in the United Kingdom judicial system until the establishment of the Supreme Court in 2009.
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The role of the reigning monarch
The United Kingdom is a constitutional monarchy, meaning that the monarch is the head of state and has certain powers and responsibilities, including in the creation of laws. While the role of the reigning monarch in the legislative process is largely ceremonial, they still play an important role in the creation of laws in England.
The process of creating a law in England begins with a bill, which is a proposal for a new law or a change to an existing law. This bill can be introduced by the government, individual Members of Parliament (MPs), Lords, or private individuals or organisations. It is then debated and voted on by both the House of Commons and the House of Lords, with the possibility of amendments being made. Once a bill has passed through both houses, it is sent to the monarch for Royal Assent, which is the official approval from the monarch. This is the final step in the legislative process, and it is rare for a monarch to deny Royal Assent to a bill.
The monarch's role in this process is to provide a check and balance on the legislative power of Parliament. By requiring Royal Assent, the monarch has the opportunity to review and approve each bill before it becomes law. This helps to ensure that the laws passed by Parliament are fair and in the best interests of the country.
While the monarch's power to deny Royal Assent exists, in practice, it is rarely used. The monarch is expected to remain politically neutral and to act on the advice of the government. Therefore, the monarch's role in the legislative process is often seen as a symbolic representation of the country's constitutional monarchy.
In addition to providing Royal Assent, the monarch can also dissolve Parliament, which can indirectly impact law-making. The monarch has the power to end a parliamentary session and call for a new general election, which can affect the composition of Parliament and, consequently, the creation of laws. However, this power is typically only used in specific circumstances, such as when the government has lost the confidence of the House of Commons or when a prime minister requests an early election.
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The process of creating a bill
Once the idea is established, the bill is drafted. This involves legal professionals analysing the existing law and the proposed changes, before sending drafts to departmental lawyers and policy officials for feedback. This process of drafting and commenting continues until the drafters are satisfied that the bill achieves the desired result in the clearest possible way.
After the bill is drafted, it can be introduced into Parliament. The bill can start in either the House of Commons or the House of Lords, but it must pass through both Houses to become law. The bill is then subject to three readings. During the first reading, the bill is announced and formally introduced. The second reading involves a debate on the merits of the bill, after which a vote is taken to decide if the bill should continue its journey towards becoming law. If the bill passes the second reading, it proceeds to the committee stage.
The committee stage involves a detailed examination of the bill. This can be carried out by a specially convened committee of MPs (a Public Bill Committee) or by all members of a House of Parliament (Committee of the Whole House). The committee considers each clause of the bill and suggests amendments, which must be voted for by both Houses. After the committee stage, the bill receives its third reading, where another vote is taken to decide if the bill, with its amendments, should become law.
If the bill passes the third reading, it must receive Royal Assent, which is the official approval from the monarch. After Royal Assent, the bill becomes law and is known as an act.
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The process of amending a bill
In England, laws are made by the UK Parliament, which is divided into two houses: the House of Commons and the House of Lords. Members of Parliament (MPs) are voted in by the public and play a crucial role in discussing and creating laws. The process of amending a bill involves several steps and considerations, which are outlined below.
First and Second Readings
Once a bill is introduced, it undergoes a first reading, where it is formally announced in the Houses of Parliament. This is followed by the second reading, where the bill is explained, and its necessity is debated. After the debate, a vote is held, and the bill must receive over half of the votes to continue its journey.
Committee Stage
If the bill passes the second reading, it moves to the committee stage. A committee, which can be a Standing Committee or a Committee of the Whole House, examines the bill in detail and suggests amendments. Amendments at this stage may propose changes to the existing provisions of the bill or introduce new material. However, these amendments must be sufficiently related to the subject matter of the bill.
Report Stage and Third Reading
After the committee stage, the bill moves to the report stage, where only amendments are discussed. This is followed by the third reading, where another vote is taken on the bill, with its amendments. If amendments are made in the second House, the bill must return to the first House for those amendments to be considered and voted on again.
Royal Assent
For a bill to become a law, it must be approved by both Houses of Parliament and receive Royal Assent, which is the official approval from the monarch. After receiving Royal Assent, the bill becomes an act and is enacted as a law.
It is important to note that the process of amending a bill may vary depending on the specific circumstances and the type of bill being considered. Additionally, while the above process focuses on amending bills in England, the UK Parliament creates laws for the entire United Kingdom, and the legislative process may involve additional considerations for Scotland, Wales, and Northern Ireland.
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