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EnglandLegal StudiesSyllabus dot point

How does Parliament make and change the law of England and Wales?

Parliamentary law making: the legislative process through Commons, Lords and Royal Assent, the influences on Parliament, and the doctrine of parliamentary supremacy.

A focused answer to the AQA A-Level Law parliamentary law-making topic, covering the legislative process through the Commons and Lords, influences on Parliament, and the doctrine of parliamentary supremacy.

Generated by Claude Opus 4.89 min answer

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  1. What this dot point is asking
  2. The legislative process
  3. Influences on Parliament
  4. Parliamentary supremacy
  5. How parliamentary law-making is examined

What this dot point is asking

AQA wants you to describe how a Bill becomes an Act of Parliament, identify the influences that shape new law, and explain the doctrine of parliamentary supremacy along with its limitations. You should be able to evaluate the process.

The legislative process

Most public Bills are introduced by the government. A Bill usually follows a green paper (consultation) and a white paper (firm proposals) before being drafted.

If the two Houses disagree, the Bill passes between them ("ping-pong"). Under the Parliament Acts 1911 and 1949, the Commons can ultimately pass a Bill without the Lords' consent after a delay, as happened with the Hunting Act 2004.

Influences on Parliament

  • The government's manifesto and political priorities drive most legislation.
  • Pressure groups lobby for change (sectional groups like the BMA, cause groups like Greenpeace).
  • The Law Commission reviews and recommends reform of areas of law.
  • Public opinion and the media can prompt rapid change, as with the Dangerous Dogs Act 1991 after press coverage.

Parliamentary supremacy

Supremacy has been qualified in practice. While the UK was an EU member, EU law took priority and an Act could be disapplied (Factortame, where parts of the Merchant Shipping Act 1988 were suspended). The Human Rights Act 1998 lets courts issue a declaration of incompatibility under section 4, though Parliament need not change the law, preserving supremacy in form. Devolution has transferred legislative powers to the Scottish Parliament and the Welsh and Northern Ireland assemblies, and the courts have begun to recognise certain statutes as constitutional in status (Thoburn v Sunderland City Council), which cannot be impliedly repealed. These developments show that supremacy is increasingly a matter of political and practical, rather than absolute legal, reality.

Evaluating the process is a common exam demand. The strengths of the legislative process are its democratic legitimacy (laws are made by elected representatives), the thorough scrutiny across both Houses and several stages, the broad consultation through green and white papers, and the flexibility to legislate on any subject. The weaknesses are that the process can be slow, that government control of the timetable and a large majority can push through poorly scrutinised law, that the unelected House of Lords can be overridden, and that media-driven measures such as the Dangerous Dogs Act 1991 can be rushed and badly drafted. A strong answer weighs democratic accountability against the risk of rushed or executive-dominated law-making.

How parliamentary law-making is examined

This topic is examined as descriptive questions on the stages and evaluative questions on the process and on supremacy. Examiners reward the correct order of stages, accurate named influences, and a balanced judgment that links the process to its democratic strengths and practical weaknesses.

Exam-style practice questions

Practice questions written in the style of AQA exam questions on this dot point, with worked answer explainers. The year tag is the paper they imitate, not the source.

AQA 201810 marksDescribe the legislative process by which a Bill becomes an Act of Parliament and discuss the influences on that process. [10 marks]
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Describe the stages accurately: green paper and white paper consultation, then first reading, second reading, committee stage, report stage and third reading in one House, the same stages in the other House, and finally Royal Assent. Mention ping-pong and the Parliament Acts 1911 and 1949 (the Hunting Act 2004).

Then discuss the influences: the governing party's manifesto, pressure groups (sectional such as the BMA, cause such as Greenpeace), the Law Commission, and public opinion and the media (the Dangerous Dogs Act 1991). Evaluate, for example that manifesto-driven law is democratic but media-driven law can be rushed. Markers reward the correct sequence of stages, named influences and a balanced judgment.

AQA 20204 marksExplain the doctrine of parliamentary supremacy and one limitation on it. [4 marks]
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Parliamentary supremacy, as set out by Dicey, has three elements: Parliament can make or unmake any law, no Parliament can bind its successors, and no other body, including the courts, can override an Act of Parliament. A limitation in practice is the effect of EU membership while it lasted (Factortame, where an Act was disapplied), or the Human Rights Act 1998, under which the courts may issue a declaration of incompatibility (though this does not invalidate the Act). Markers reward Dicey's three rules and one accurate qualification.

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