The nature of law and the English legal system - Law making: parliamentary law making — AQA A-Level Law
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- Parliamentary law making including: Green and White papers
The nature of law and the English legal system - Law making: parliamentary law making exam tips
Quick Revision Summary (Key Takeaway)
Parliamentary law making in AQA A-Level Law examines how primary legislation is enacted through the UK Parliament, covering the legislative stages, types of bills, influences on Parliament, and the doctrine of parliamentary sovereignty. It critically evaluates the democratic legitimacy, efficiency, and constitutional supremacy of Acts of Parliament compared to judicial law making.
Topic Overview
Parliamentary law making is the foundation of the English legal system, focusing on how primary legislation is debated, scrutinized, and enacted by the UK Parliament. It covers the constitutional composition of Parliament (the Crown, the House of Commons, and the House of Lords), the formal passage of a Bill through both Houses, and the classification of legislation into Public, Private, and Private Members Bills.
This topic also explores external influences that initiate legislative change—including the Law Commission, pressure groups, the media, and public inquiries—alongside the core constitutional doctrine of Parliamentary Sovereignty. Understanding this process is vital for analyzing statutory interpretation and contrasting parliamentary authority with judicial law making and delegated legislation.
Key Concepts
- →The constitutional composition of Parliament: the Monarch, the democratically elected House of Commons, and the unelected House of Lords.
- →The legislative stages of a Bill: First Reading, Second Reading, Committee Stage, Report Stage, Third Reading, passage through the second chamber, and Royal Assent.
- →Types of Bills: Government/Public Bills, Private Members' Bills (under ballot or ten-minute rule), and Private Bills.
- →The doctrine of Parliamentary Sovereignty as articulated by A.V. Dicey, including its traditional facets and modern constitutional tensions.
- →Influences on parliamentary law making, notably the Law Commission, sectional and cause pressure groups, public opinion, and the media.
Examiner Tips
- 💡Always use the correct technical names for parliamentary stages; do not say 'review stage' when referring to the Committee or Report stage.
- 💡When evaluating influences on Parliament, balance every advantage with a counter-argument and support points with real statutory examples (e.g., citing the Hunting Act 2004 for pressure group influence or the Dangerous Dogs Act 1991 for media pressure).
- 💡Distinguish clearly between primary legislation (Acts of Parliament) and secondary/delegated legislation (Statutory Instruments, Bylaws, Orders in Council) when answering conceptual questions.
Common Mistakes
- Believing that Royal Assent is a discretionary stage where the Monarch actively reviews and can refuse to sign a Bill; in modern constitutional practice, Royal Assent is purely a formal, convention-governed process last refused by Queen Anne in 1708.
- Assuming Private Members' Bills cannot become law without universal government support; while difficult due to time limits, Bills introduced via the ballot procedure regularly succeed when granted government time (e.g. Abortion Act 1967, Murder (Abolition of Death Penalty) Act 1965).
- Thinking that the House of Lords can permanently block any proposed law passed by the House of Commons; the Parliament Acts 1911 and 1949 restrict the Lords to a suspensory veto of one year for ordinary legislation.
Revision Plan
- 1Day 1-2: Master the exact legislative pathway of a Bill from Green/White Paper to Royal Assent, focusing on the differences between Committee and Report stages.
- 2Day 3-4: Compare and contrast Public, Private, and Private Members' Bills, memorizing notable examples for each category.
- 3Day 5-6: Create detailed evaluation tables for the four main influences on Parliament: Law Commission, Pressure Groups, Media, and Political Manifestos.
- 4Day 7-8: Study Dicey's doctrine of Parliamentary Sovereignty, landmark case law (Pickin, Factortame, Jackson), and modern challenges.
- 5Day 9-10: Complete timed exam essays focusing on evaluation command words ('Discuss', 'Evaluate') using AQA mark schemes.
Exam Question Types
- 📋10-mark explanation questions: Testing structured knowledge and explanation of a specific stage, body (e.g. Law Commission), or parliamentary procedure.
- 📋15-mark evaluation questions: Requiring critical discussion of influences on law making or the democratic effectiveness of the legislative process.
- 📋Essay-style questions on Parliamentary Sovereignty: Evaluating whether parliamentary sovereignty remains absolute in modern constitutional law.
Command Word Expectations (AQA)
Explain
Provide clear, accurate factual descriptions of legal mechanisms, statutory stages, or institutions using correct terminology and statutory/case examples where appropriate.
Evaluate
Provide a sustained, balanced analysis weighing strengths against weaknesses, leading to a reasoned, justified conclusion based on evidence and legal principles.
Discuss
Explore multiple perspectives on a topic or proposition, analyzing arguments for and against before arriving at an authoritative legal judgment.
How Students Lose Marks (Examiner Pitfalls)
Pitfall: Confusing the Committee Stage with the Report Stage during the passage of a Bill through Parliament.
❌ Weak Answer (Loses Marks):At the Committee stage, MPs look at the bill and suggest changes, and then in the Report stage they vote on the entire bill to pass it into law.
Example improved answer:During the Committee Stage, a Public Bill Committee conducts a detailed, clause-by-clause scrutiny of the Bill and votes on proposed amendments. At the Report Stage, these amendments are reported back to the entire House of Commons, giving all MPs the opportunity to debate, accept, or reject the proposed changes before the Third Reading.
Examiner Tip: Always specify that the Committee Stage involves a smaller, representative scrutiny panel, whereas the Report Stage involves the whole House.
Pitfall: Treating parliamentary sovereignty as an absolute, unqualified rule without evaluating constitutional limits such as the Human Rights Act 1998 or devolved powers.
❌ Weak Answer (Loses Marks):Dicey stated that Parliament can make or unmake any law it likes, and no court can overturn an Act of Parliament, so sovereignty has no limits.
Example improved answer:According to A.V. Dicey, parliamentary sovereignty dictates that Parliament can make or unmake any law, cannot bind its successors, and no body can override its legislation (as shown in British Railways Board v Pickin). However, practical and legal limitations exist: under s.4 of the Human Rights Act 1998, higher courts can issue a Declaration of Incompatibility, and the Sewel Convention limits interference with devolved legislatures.
Examiner Tip: To hit top-band evaluation marks, juxtapose Dicey's traditional theory with modern constitutional reality, citing specific statutory mechanisms like s.4 HRA 1998.
Step-by-Step Worked Solutions
Question: Explain the role of the Law Commission in parliamentary law making and outline one advantage and one disadvantage of its influence. [10 marks]
- 1.Step 1: Define the Law Commission by stating its statutory basis under the Law Commissions Act 1965 and its core remit (codification, repeal, consolidation, and reform of the law).
- 2.Step 2: Explain how it operates by researching legal anomalies, producing consultation papers, and submitting final reports containing draft Bills to Parliament (e.g. Corporate Manslaughter and Corporate Homicide Act 2007).
- 3.Step 3: Analyze one key advantage: high expertise and non-political objectivity leading to thorough reform, supported by the Law Commission Act 2009 requirement for ministers to report on implementation.
- 4.Step 4: Analyze one key disadvantage: parliamentary delays and lack of political will, meaning many well-researched reports are ignored or shelved due to limited legislative timetable space.
- 5.Step 5: Synthesize a brief evaluative conclusion on the effectiveness of the Commission's contribution to statutory law.
Final Answer: The Law Commission is a permanent, independent statutory body established by the Law Commissions Act 1965 to keep the law under review. It works via consultation papers and draft Bills presented to Parliament. A major strength is its profound legal expertise and thorough public consultation, producing robust Acts like the Consumer Rights Act 2015. However, a significant weakness is Parliament's constitutional freedom to ignore its proposals due to political pressures or lack of parliamentary time, leaving vital reforms dormant.
Question: Analyze the extent to which the Parliament Acts 1911 and 1949 restrict the legislative power of the House of Lords. [10 marks]
- 1.Step 1: Identify the historical constitutional role of the House of Lords as an unelected revising chamber with an original absolute veto.
- 2.Step 2: State the specific statutory provisions: the 1911 Act removed the veto over Money Bills (can only be delayed by one month) and reduced delay power for other Public Bills to two years.
- 3.Step 3: State the amendment by the Parliament Act 1949, which reduced the Lords' delaying power for non-money Bills to one year across two successive parliamentary sessions.
- 4.Step 4: Give examples where legislation was enacted without the consent of the Lords (e.g. War Crimes Act 1991, Sexual Offences (Amendment) Act 2000, Hunting Act 2004, confirmed as valid law in Jackson v Attorney General [2005]).
- 5.Step 5: Conclude on how these Acts ensure the supremacy of the democratically elected House of Commons while preserving the Lords' revising function.
Final Answer: The Parliament Acts 1911 and 1949 critically curb the House of Lords by converting its absolute veto into a suspensory veto. The Lords cannot block Money Bills for more than one month, and other Public Bills can only be delayed for approximately one year across two sessions. Landmark statutes such as the Hunting Act 2004 demonstrate that the elected Commons can bypass the Lords entirely, confirming Commons supremacy in law making.
Active Recall Memory Test
What are the two pre-legislative documents published by the government before introducing a bill, and what is the difference between them?
Key Fact: Green Papers (consultative documents outlining ideas for law reform and inviting feedback) and White Papers (firm government proposals outlining definite legislative intentions).
What are the three core principles of Parliamentary Sovereignty according to A.V. Dicey?
Key Fact: 1. Parliament can legislate on any subject matter. 2. No Parliament can bind its successors or be bound by predecessors. 3. No court or body can question the validity of an Act of Parliament.
Which parliamentary procedure allows an MP to speak for ten minutes to propose a new law?
Key Fact: The Ten-Minute Rule procedure under Standing Order No. 23.
Under what statutory authority can a Bill become an Act of Parliament without the approval of the House of Lords?
Key Fact: The Parliament Acts 1911 and 1949.
Frequently Asked Questions
What is the difference between a Green Paper and a White Paper?
A Green Paper is a preliminary consultative document issued by a government department that outlines proposals for reform and invites comments from the public, legal experts, and interested groups. Following this feedback, the government issues a White Paper, which represents a firm statement of government policy detailing the precise scope of the intended future legislation. While Green Papers are exploratory, White Papers serve as the direct blueprint for the eventual Bill.
Can the courts strike down or invalidate an Act of Parliament?
Under the doctrine of parliamentary sovereignty, UK domestic courts have no legal power to strike down, annul, or declare an Act of Parliament invalid, as affirmed in British Railways Board v Pickin [1974]. Even under Section 4 of the Human Rights Act 1998, higher courts can only issue a 'Declaration of Incompatibility' stating that a statutory provision clashes with the ECHR; this does not invalidate the Act, leaving it entirely to Parliament to decide whether to amend the law.
What happens during the First Reading of a Bill?
The First Reading is entirely formal and involves no debate or vote. The short title of the Bill is read out to the chamber, and an order is made for the Bill to be printed and published so that MPs and peers can inspect its exact provisions before the substantive debate begins at the Second Reading.
What is filibustering in parliamentary law making?
Filibustering is a procedural tactic where an MP intentionally delivers an extremely long speech or raises numerous procedural objections to consume the limited time allocated for a debate. This tactic is especially common on Private Members' Bill Fridays, where a Bill will fall if the debate does not conclude before the statutory time threshold is reached, effectively killing the proposed legislation.
Why is the Law Commission considered the most effective influence on law making?
The Law Commission is highly effective because it is a permanent, full-time, independent statutory body composed of senior judges, barristers, and academic legal scholars who thoroughly review obsolete or confusing areas of law. It undertakes comprehensive public consultations and draft legislative Bills ready for Parliament. Furthermore, under the Law Commission Act 2009, the relevant minister must present an annual report to Parliament detailing decisions to accept or reject Law Commission proposals, increasing political accountability.