The Process of Law Making in England: A Detailed Overview
Introduction:
In the United Kingdom, every law originates as a bill, which is a proposal for legislation. This bill is presented before the House of Commons, the parliamentary body that considers and debates it.
Process of Law Making:
The law-making process in the UK consists of two categories: public bills and private member bills.
Public Bills:
Public bills are laws that affect the entire country, applying to all citizens of the UK. They can further be divided into two types: money bills and non-money bills.
a) Money Bills:
Money bills primarily pertain to fiscal matters and the financial affairs of the state. These bills exclusively originate in the House of Commons and neither the House of Lords nor the king has any control over them.
b) Non-Money Bills:
Non-money bills encompass all matters that are non-financial in nature. Both the House of Lords and the king participate in the discussions and decisions on these bills, as they do not involve financial aspects.
Private Member Bills:
Private member bills concern the privileges or interests of specific localities, municipalities, or individuals or bodies of individuals, such as bills pertaining to the regulation of private schools.
Method of Legislation:
The following steps outline the process of law making in the UK according to the constitution:
a) Passing of Non-Money Bill:
Each public bill goes through several stages, as explained below:
Bill Drafting:
The first step involves drafting the bill using appropriate and accurate language. The bill must be clearly written, with complete sentences and proper grammar.
Second Stage:
During this stage, a private bill is introduced by a private member on a predetermined day specified by the House. Debates ensue, allowing all members to participate. If any representative disagrees with the bill, they can criticize it.
Committee Stage:
After passing the second reading, the bill enters the committee stage. There are five in the UK, and the bill is assigned to the relevant committee. The members thoroughly review the bill and propose necessary amendments.
Third Reading:
The stage of the bill in the house concerned is the third reading. General debate takes place, focusing on any amendments made to the bill. Only verbal amendments can suggested. Following this, a vote is taken, and if the bill receives a majority vote, it is sent to the other house.
Bill in the House of Lords:
After the committee stage and second reading, the bill is sent to the House of Lords. The House of Lords efficiently completes its proceedings. If any disputes or errors are identified, the House of Lords provides critical input to amend the bill. Once the necessary corrections are made, the bill is passed by both houses.
Royal Assent:
The final stage of the bill is the royal assent, signifying acceptance by the monarch. Monarchs of England have not refused to sign a bill since 1707. Hence, once a bill is presented for royal assent, it is presumed to be accepted, as the monarch does not possess the power to refuse it.
B) Passing of Private Bills:
The procedure for passing private bills differs slightly from that of public bills. A petition must accompany a private bill during its introduction, and an examiner reviews the petition to ensure all requirements are met. Parties affected by the bill must be notified accordingly. If the examiner certifies that the requirements have been fulfilled, the initiator is allowed to introduce the bill. If the bill faces no opposition at the second reading, it is referred to the Committee of Private Bills, comprising four members from the House of Commons and five members from the House of Lords. The regular law-making procedure is followed after the committee submits its report.
Conclusion:
In conclusion, the process of law making in the UK is of paramount importance. Parliament thoroughly debates bills and motions, carefully examining every aspect to prevent ambiguities. A bill goes through three readings in each house of parliament and, upon receiving royal assent, becomes an Act of State.
By appropriately following these guidelines, the UK ensures a comprehensive and effective process of law making in England.