FROM BILL TO ACT

STARTER

Parliament has reformed the law in regards to punishment in school.

Teachers are now able to cane students who are late, do not complete homework,

or talk whilst the teacher is talking.

How would this make you feel? What would you do?

EXAM QUESTION

What are the factors taken into account in the decision to refuse or grant a bill? [10]

THREE DIFFERENT TYPES OF BILL

Public Bills: Written by Parliamentary councils who specialize in drafting legislation. Change the general law of the whole country.

Private Bills: Normally proposed by a local authority, public corporation or large public company and usually only affect that sponsor.

Private Member Bills: Normally presented by individual back bench MPs. Have to enter a ballot to win the right to do so, and then persuade the Government to allow it go through.

PRELIMINARY STAGES

Green Paper – outline proposals for reform, in general terms only.

White Papers – drawn up in response to the green paper, these include detailed proposals for legislation.

PARLIAMENT ACTS OF 1911 AND 1949

These acts allowed for proposed legislation to go for Royal Assent

without the approval of the House of Lords after specified periods of time.

E.g. Hunting Act 2004

R (ON THE APPLICATION OF JACKSON AND OTHERS) V

ATTORNEY GENERAL (2005)

Argued that the Parliament Act 1949 was itself unlawful and that the Hunting Act, was also unlawful.

The Countryside Alliance claimed that the 1949 Act was unlawful because it had been passed relying on the procedures laid down in the 1911 Act, when the act was not drafted to allow its procedures to be used to amend itself.

CHALLENGING AN ACT

Can an Act be Challenged?

BR V PICKIN (1974)

House of Lords categorically stated that an Act of Parliament can never be

challenged by the courts.

THE HOUSE OF LORDS

The House of Lords has two separate functions:

1. Part of Parliament2. A court of law

From October 1st 2009 the Supreme Court will take over from the House of Lords

ACTIVITYFollow the instructions below:

1. Go onto the Parliament website2. Choose Bills and Legislation3. Select All Current Bills before Parliament

Pick 3 bills which are at different reading stages.

4. Explain what the bill is about5. What reading stage it is at6. Mention 3 key principles of law which are

included within the bill.