Parliamentary Law Making in A Level Law: How a Bill Becomes an Act

Parliament is the supreme law-making body in the UK, and understanding how an idea becomes an Act of Parliament is core knowledge for Paper 1 of Cambridge A Level Law 9084 (Topic 1.1.2). This guide covers the full legislative process, the types of Bills, parliamentary supremacy, the influences on Parliament, and the role of the Law Commission.

The Structure of Parliament

Parliament consists of three parts: the House of Commons (elected MPs), the House of Lords (appointed life peers, a limited number of hereditary peers and senior bishops) and the Monarch. All three are needed for an Act to be passed, although the Parliament Acts 1911 and 1949 allow the Commons to pass most Bills without the Lords’ consent after a delay of one year.

Before the Bill: Green and White Papers

• Green Paper – a consultation document setting out proposals and inviting comments.
• White Paper – a firmer statement of the Government’s intended policy, often following consultation.

Types of Bills

• Public Bills – affect the whole country; usually Government Bills introduced by a minister.
• Private Members’ Bills – introduced by individual MPs, often chosen by ballot (e.g. the Abortion Act 1967 began this way).
• Private Bills – affect only particular individuals, companies or local areas.
• Hybrid Bills – public Bills that also affect particular private interests (e.g. HS2 legislation).

The Legislative Process: Step by Step

1. First Reading – the title of the Bill is read out; no debate.
2. Second Reading – the main debate on the principles of the Bill, followed by a vote.
3. Committee Stage – detailed line-by-line examination by a Public Bill Committee, which can propose amendments.
4. Report Stage – the committee reports back to the House, and amendments are debated and voted on.
5. Third Reading – a final vote on the Bill as a whole; only minor changes allowed.
6. The other House – the Bill goes through the same stages in the House of Lords (or Commons, if it started in the Lords). Amendments go back and forth (“ping-pong”).
7. Royal Assent – the Monarch formally approves the Bill, which becomes an Act. By convention this is never refused.

Parliamentary Supremacy

Dicey’s traditional view has three parts: Parliament can make or unmake any law; no Parliament can bind its successors; and no other body can override an Act of Parliament. You should be able to discuss limits on this in practice – the Human Rights Act 1998 (declarations of incompatibility), devolution, and the historical effect of EU membership (R v Secretary of State for Transport, ex p Factortame (1990)). This links closely with our post on the rule of law and parliamentary sovereignty.

Influences on Parliament

• Political influence – manifesto commitments of the governing party.
• Public opinion – e.g. the Dangerous Dogs Act 1991, passed quickly after public outrage.
• Pressure groups – sectional groups (e.g. trade bodies) and cause groups (e.g. environmental campaigners).
• The media – press campaigns can push issues onto the agenda.

The Law Commission

Set up by the Law Commissions Act 1965, the Law Commission is an independent body of five commissioners (a chair who is a senior judge, plus experienced lawyers and academics). Its role is to keep the law under review, recommending reform, codification, consolidation and repeal of obsolete laws. Many of its reports have become law, but a significant number have never been implemented – a useful evaluation point.

Evaluation Points

• Strengths: democratic legitimacy, careful scrutiny at several stages, ability to reform whole areas of law at once.
• Weaknesses: slow, dominated by the Government’s timetable, the House of Lords is unelected, and rushed legislation can be poorly drafted – which then leaves judges to fix it through statutory interpretation.

Free Paper 1 Past Papers – Download Now

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Frequently Asked Questions

Can the House of Lords block a Bill?

Generally no. Under the Parliament Acts 1911 and 1949 the Lords can only delay most Bills for about one year, and money Bills for one month.

Has Royal Assent ever been refused?

Not since 1707, when Queen Anne refused the Scottish Militia Bill. By convention it is now always given.

What is the difference between a Green Paper and a White Paper?

A Green Paper is a consultation on possible proposals; a White Paper sets out the Government’s firmer plans for legislation.

Final Thought

Learn the stages in order with one line on each, then build your evaluation around democracy versus efficiency. That structure works for almost every parliamentary law-making question Cambridge sets.