Parliamentary Law-Making
Parliamentary Law-Making
Parliamentary law-making is the primary source of law in England and Wales. Parliament — comprising the House of Commons, the House of Lords, and the Monarch — holds parliamentary sovereignty, meaning it can make, amend, or repeal any law.
The Legislative Process
A proposed law begins as a Bill. There are three main types:
- Public Bills — affect the general public (e.g. the Fraud Act 2006)
- Private Bills — affect specific organisations or localities
- Private Members' Bills — introduced by backbench MPs (e.g. the Abortion Act 1967, introduced by David Steel)
Stages of an Act of Parliament
| Stage | House of Commons | House of Lords |
|---|---|---|
| First Reading | Formal introduction; title read out | Same procedure |
| Second Reading | Main debate on principles | Main debate on principles |
| Committee Stage | Detailed clause-by-clause scrutiny by a Public Bill Committee | Whole House or Grand Committee |
| Report Stage | Amendments debated by the full House | Amendments debated |
| Third Reading | Final debate and vote | Final debate and vote |
After passing both Houses, the Bill receives Royal Assent under the Royal Assent Act 1967 and becomes an Act of Parliament (statute).
The Doctrine of Parliamentary Sovereignty
A. V. Dicey identified three elements of parliamentary sovereignty:
- Parliament can legislate on any subject matter — there are no legal limits on the topics Parliament may address
- No Parliament can bind a future Parliament — the Factortame litigation (R v Secretary of State for Transport, ex parte Factortame (No 2) [1991]) challenged this by requiring UK courts to disapply the Merchant Shipping Act 1988 where it conflicted with EU law, though post-Brexit sovereignty has been formally reasserted by the European Union (Withdrawal) Act 2018
- No body can question the validity of an Act of Parliament — confirmed in Pickin v British Railways Board [1974], where the House of Lords refused to investigate the parliamentary process behind an Act
Influences on Parliament
The Law Commission
Established by the Law Commissions Act 1965, the Law Commission is a permanent body that reviews areas of law and recommends reform. It has produced influential reports leading to statutes such as:
- The Contract (Rights of Third Parties) Act 1999
- The Coroners and Justice Act 2009 (reforming partial defences to murder)
- The Consumer Rights Act 2015
The Law Commission conducts consultations, publishes reports, and drafts Bills. However, many of its recommendations are never implemented — a frequent criticism.
Pressure Groups
Pressure groups seek to influence legislation. They can be:
- Sectional/interest groups — represent specific sections of society (e.g. the British Medical Association)
- Cause/promotional groups — campaign for a particular cause (e.g. Shelter, Liberty, Greenpeace)
Insider groups have direct access to government (e.g. the Confederation of British Industry), while outsider groups rely on public campaigns and media attention.
Pressure groups influenced legislation such as the Hunting Act 2004 (following campaigns by the League Against Cruel Sports and counter-campaigns by the Countryside Alliance) and the Dangerous Dogs Act 1991 (driven by media pressure).
Media Influence
The media shapes public opinion and can pressure Parliament into acting. The Dangerous Dogs Act 1991 is frequently cited as reactive, "knee-jerk" legislation prompted by media coverage of dog attacks. Similarly, sustained media campaigns contributed to Sarah's Law (the Child Sex Offender Disclosure Scheme, 2010).
Political Manifestos and Mandate
The governing party's manifesto provides a mandate for legislation. Under the Salisbury Convention, the House of Lords should not block legislation that implements a manifesto commitment.
The House of Lords and Reform
The Parliament Acts 1911 and 1949 limit the Lords' power:
- Money Bills can receive Royal Assent after one month without Lords' approval
- Other Bills can be passed without Lords' consent if the Commons passes them in two successive sessions with at least one year between the second readings
The Parliament Acts were used to pass the Hunting Act 2004 and the War Crimes Act 1991. In R (Jackson) v Attorney General [2005], the House of Lords confirmed the validity of the Parliament Act 1949 itself.
The House of Lords Act 1999 removed all but 92 hereditary peers, and the Constitutional Reform Act 2005 created the Supreme Court, separating the judiciary from the legislature.
Evaluation
Advantages of parliamentary law-making:
- Democratic legitimacy — elected representatives make law
- Thorough scrutiny through multiple stages
- The committee system allows expert input
- Parliamentary sovereignty ensures ultimate authority rests with the people's representatives
Disadvantages:
- The process is slow and cumbersome — urgent issues may require faster responses
- Government dominance of the Commons means Bills rarely fail (the whip system)
- The House of Lords remains unelected, raising democratic concerns
- Language in statutes can be complex and ambiguous, requiring judicial interpretation
- Private Members' Bills rarely succeed due to limited parliamentary time
Key Exam Points
- Be prepared to discuss the tension between parliamentary sovereignty and EU/international obligations post-Brexit
- Evaluate whether the legislative process is truly democratic given government dominance
- Consider the role of the unelected House of Lords in scrutinising legislation
- Use specific examples of Acts and their origins when discussing influences on Parliament