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2 UK Details |
Since the mid-19th century, in most but not all cases, the votes by the House of Commons are a formality in which the vote is predetermined by party lines. Because the Westminster system requires the government to keep the support of the House of Commons, the rejection of a bill by Commons is a major political crisis. Therefore, the government will in almost all cases ensure passage of a bill by a combination of modifying the bill so that it is acceptable to members of the ruling party and pressuring party members to vote for the bill. In some cases, such as the Hunting Bill in the 2002-03 Session of Parliament, this has entailed accepting very significant amendments, transforming the purpose of the bill (in this case, from a bill to licence and regulate hunting with dogs, to a bill imposing an outright ban). Unlike the American system, a member of parliament rarely votes against party instructions.
Exceptions are cases of political crisis or matters of conscience such as the age of consent, in which the government may declare a free vote in which Members of Parliament are absolved of the requirement of voting with their party.
It can either fail or pass and then go on to final, formal examination by the Monarch who invariably gives it the Royal Assent. Although the Monarch can in theory refuse to endorse a bill at this stage, this power has not been used since the early 18th century. The Monarch signs letters patent to signify her Assent to one or more Bills. When this happens at the end of a Session of Parliment, it is usually accompanied by an elaborate ceremony in the House of Lords. It then becomes part of the law of the land.
English law is also made through Statutory Instruments (SIs). These are laws which are written by a Government minister, exercising legislative powers delegated to him or her by Act of Parliament. Some of these must be approved by Parliament before they can become law, others need only be laid before Parliament a certain number of days (usually 40) before coming into force. They are used because they are much faster and simpler to implement than a full act of Parliament. SIs are sometimes described as "secondary legisaltion, not second class legislation". They have the same force as an Act of Parliament, and much of the UK's law is made in this way. There are literally thuosands of SIs each year, compared with around 50 Acts.
International treaties are not effective in domestic UK law until enforced by an Act of Parliament (e.g. The Single European Act, which brought the UK into the European Union, or the strangely named Outer Space Act which deals with international treaties on Space).
Acts before 1962 are referenced using 'Year of reign', 'Monarch', c., 'Chapter number' - e.g. 16 Charles II c. 2 - to define a chapter of the appropriate statute book. Since 1962, the regnal year has been replaced by the calendar year. All Acts have a short title, or citation (e.g. Local Government Act 2003, National Health Service Act 1974).
Procedure
UK
In the UK, each bill passes through the following stages:
The committee considers each clause of the bill, and may make amendments to it. Significant amendments may be made at committee stage. In some cases, whole groups of clasues are inserted or removed. However, almost all the amendments which are agreed to in committee will have been tabled by the Government to correct deficiencies in the bill or to enact changes to policy made since the bill was introduced (or, in some cases, to import material which was not ready when the bill was presented).
Australia
In Australia, the bill passes through the following stages:Canada
In Canada, the bill passes through the following stages:
The debate on each stage is actually debate on a specific motion. For the first reading, there is no debate. For the second and third readings, the motion is "That this bill be now read a second [third] time." In the Committee stage, the debate is on the motions for specific amendments and the motion "That the clause [as amended] stand part of the bill," which is presented on every clause, whether amended or not. In the Report stage, the debate is on the motions for specific amendments. The final motion is "That the bill do now pass."
The committee considers each clause of the bill, and may make amendments to it. Significant amendments may be made at committee stage. In some cases, whole groups of clasues are inserted or removed. However, almost all the amendments which are agreed to in committee will have been tabled by the Government to correct deficiencies in the bill or to enact changes to policy made since the bill was introduced (or, in some cases, to import material which was not ready when the bill was presented).
UK Details
Types of Acts
Acts of Parliament are of two types -
Private Bills, common in the 19th Century, are now rare, as new planning legislation introduced in the 1960s removed the need for many of them. They are subject to a different procedure from that for Public Bills, described above, involving a quasi-judicial committee of three MPs.Sovereignty
In the UK, Parliament has almost unlimited sovereignty. (In particular its sovereignty over the Church of Scotland was disputed for three centuries with Parliament finally admitting its lack of sovereignty in the 1920s.) As such Acts of Parliament are generally without limit or constraint. Although in modern times, European Law and Human Rights Legislation can overturn some Acts, this is only because another Act has declared so.Historical Records
All UK Acts of Parliament since 1497 are kept in the House of Lords Record Office, including the oldest Act: The "Taking of Apprentices for Worsteads in the County of Norfolk" Act 1497, a reference to the wool worsted manufacture at Worstead in Norfolk, England.Parliament Acts
Parliament Acts are executed by the Administration and its superior and directive dome, the Government (specially using the administrative regulations), are applied by the judicial power (judges), and must be obeyed by everybody.Acts of Historical Importance
The most important Acts in UK history are listed below:
See also: List of Acts of Parliament in the United Kingdom
Topical Acts
Current Acts of Parliament of special interest:
External Links
See also