Knowledge and understanding:
- explain why legislation is created and the role of Royal Assent
- explain the role of democracy in the law-making process
- explain the role of the judiciary in the law-making process
Skills
- select and interpret key information from a range of sources, and represent it accurately and appropriately
- read and discuss legal information
- plan, study and manage a sequence of work to meet a deadline.
Sample Answer
Question 1
Ideas for new Acts of Parliament can originate from a variety of sources. A major source is government policy, where ministers seek to introduce legislation to implement manifesto promises or respond to pressing social, economic, or political issues. Another important source is pressure groups and lobbyists, who campaign on behalf of specific interests, such as environmental organisations pushing for climate change legislation. Public opinion, often expressed through petitions or media campaigns, can also influence Parliament to consider new laws. Additionally, law reform bodies such as the Law Commission regularly review existing legislation and recommend reforms to modernise or simplify the law. Occasionally, judicial decisions highlight gaps or ambiguities in the law, prompting Parliament to legislate.
Once a Bill has passed through all the stages in both the House of Commons and the House of Lords, it must receive Royal Assent before it formally becomes an Act of Parliament. Royal Assent is the formal approval given by the monarch. Although historically the monarch could refuse assent, by constitutional convention today it is a purely formal step; the last refusal occurred in 1708 when Queen Anne withheld assent from the Scottish Militia Bill. In practice, Royal Assent symbolises the democratic process being complete and gives legal effect to the Act.
Question 2
Delegated legislation is controlled because it involves law-making powers being transferred from Parliament to other bodies such as government ministers, local authorities, or agencies. While this is necessary for efficiency and technical expertise, it raises concerns about accountability and democratic legitimacy. To address these concerns, several methods of control exist.
Parliamentary controls include the use of affirmative or negative resolution procedures, where statutory instruments must either be actively approved by Parliament or may be annulled if objections are raised. Committees such as the Joint Committee on Statutory Instruments scrutinise delegated legislation to ensure it is not ultra vires (beyond the powers granted by the parent Act).
Judicial controls also play a role. Courts may review delegated legislation under the doctrine of ultra vires. For instance, if a minister exceeds the authority granted by the enabling Act or fails to follow required procedures, the courts can declare the legislation invalid.
When the two Houses of Parliament disagree on a Bill, the Parliament Acts of 1911 and 1949 provide a resolution. These Acts allow the House of Commons to bypass the House of Lords in certain circumstances. If the Lords repeatedly reject a Bill passed by the Commons, the Commons can present the Bill directly for Royal Assent without the Lords’ approval.
An example of this is the Hunting Act 2004, which banned hunting with dogs. The House of Lords opposed the Bill, but the House of Commons used the Parliament Acts to force it through. This demonstrates the principle that the elected chamber ultimately has primacy in law-making.
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