How does a proposal become an Act of Parliament, and what is the significance of parliamentary sovereignty?
Parliamentary law making: the legislative process (Green and White Papers, the types of Bill, the stages of a Bill through the Commons and Lords and the Royal Assent), the influences on Parliament, and the doctrine of parliamentary sovereignty.
An Eduqas A-Level Law guide to parliamentary law making. Explains the legislative process, the stages of a Bill, the influences on Parliament and parliamentary sovereignty, with worked exam answers and the AO3 evaluation the paper rewards.
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What this dot point is asking
Eduqas Component 1 requires you to know how Parliament makes law: the legislative process (Green and White Papers, types of Bill, the stages through the Commons and Lords, the Royal Assent), the influences on what Parliament does, and the doctrine of parliamentary sovereignty. The skill is to explain the process precisely (AO1) and to evaluate how effective it is (AO3).
The answer
Before a Bill: Green and White Papers
Types of Bill
A Bill is a draft Act. Public Bills affect the whole country and most are Government Bills introduced by ministers; they make up the bulk of legislation. Private Members' Bills are introduced by back-bench MPs (through the ballot, the ten-minute rule or presentation) and rarely become law without government support, though some important reforms (for example the Abortion Act 1967) began this way. Private Bills affect a particular organisation or locality.
The stages of a Bill
Parliament Acts and sovereignty
The Parliament Acts 1911 and 1949 limit the Lords: they can delay most public Bills for about a year but cannot block them, so the elected Commons prevails. Parliamentary sovereignty (Dicey) is the principle that Parliament is supreme: it can make or unmake any law, no Parliament can bind a future one, and no court can override an Act. Membership of the EU and the Human Rights Act 1998 qualified sovereignty in practice, but Brexit has reasserted it.
Examples in context
A strong answer states the stages in order and explains the role of each House and the Royal Assent.
Try this
Q1. Explain the difference between a Public Bill and a Private Members' Bill. [10 marks]
- What the marker wants. Precise AO1: a Public Bill affects the whole country and is usually a Government Bill introduced by a minister; a Private Members' Bill is introduced by a back-bench MP (for example through the ballot) and rarely succeeds without government support, with an example such as the Abortion Act 1967.
Q2. Analyse and evaluate the influences on parliamentary law making. [15 marks]
- Cue. An AO3 essay: explain the influences (the government's manifesto, pressure groups, public opinion, the media, the Law Commission); evaluate how democratic and responsive the process is against domination by the government's agenda, and conclude.
Exam-style practice questions
Practice questions written in the style of WJEC Eduqas exam questions on this dot point, with worked answer explainers. The year tag is the paper they imitate, not the source.
Eduqas Component 1 2022 (evaluation)15 marksAnalyse and evaluate the parliamentary law making process. [an analysis/evaluation question in the style of Component 1, AO3]Show worked answer →
A mainly AO3 essay. Outline the process, then evaluate its strengths and weaknesses.
The process. A proposal (often after a Green Paper consultation and a White Paper of firm proposals) is introduced as a Bill, usually a public Government Bill. It passes first reading, second reading (main debate), committee stage, report stage and third reading in the Commons, then the same in the Lords, before the Royal Assent. The Parliament Acts 1911 and 1949 let the Commons pass certain Bills without the Lords.
Evaluation. Strengths: democratic (elected Commons); thorough scrutiny through several stages and two Houses; consultation through Green and White Papers; and the law is certain once enacted. Weaknesses: it is slow and can be dominated by the government's agenda; the unelected Lords' role is limited; back-bench (private members') Bills rarely succeed; and Acts can be long and complex.
A top answer explains the stages accurately and reaches a reasoned judgement on how effective the process is.
Eduqas Component 1 2021 (explain style)10 marksExplain the stages a public Bill goes through to become an Act of Parliament. [an explain question in the style of Component 1, AO1]Show worked answer →
A mainly AO1 explain question. Set out the stages in order with a line on each.
First reading: the title is read, no debate. Second reading: the main debate on the principles, with a vote. Committee stage: detailed, clause-by-clause scrutiny by a public bill committee. Report stage: the committee reports back and amendments are considered. Third reading: a final review and vote. The Bill then repeats the process in the other House; disagreements are resolved by ping-pong. Finally the monarch gives the Royal Assent and the Bill becomes an Act, commencing on a stated date.
A top answer lists the five stages in order, explains each briefly, and notes the second House and the Royal Assent.
Related dot points
- Delegated legislation: the enabling Act and the types of delegated legislation (Orders in Council, statutory instruments and by-laws), the reasons for it, and the controls by Parliament and the courts.
An Eduqas A-Level Law guide to delegated legislation. Explains the enabling Act, Orders in Council, statutory instruments and by-laws, the reasons for delegation and the parliamentary and judicial controls, with worked exam answers and the AO3 evaluation the paper rewards.
- Statutory interpretation: the literal, golden and mischief rules and the purposive approach, the rules of language, intrinsic and extrinsic aids (including Pepper v Hart), and the impact of EU law and the Human Rights Act 1998.
An Eduqas A-Level Law guide to statutory interpretation. Explains the literal, golden and mischief rules, the purposive approach, the rules of language and the aids to interpretation, with worked exam answers and the application the paper rewards.
- Judicial precedent: the doctrine of stare decisis, ratio decidendi and obiter dicta, binding and persuasive precedent, the court hierarchy and the Practice Statement, and the ways of avoiding precedent (overruling, reversing and distinguishing).
An Eduqas A-Level Law guide to judicial precedent. Explains stare decisis, ratio and obiter, binding and persuasive precedent, the court hierarchy, the Practice Statement and how judges avoid precedent, with worked exam answers and the AO3 evaluation the paper rewards.
- Law reform: the agencies that influence and propose reform (the Law Commission, Royal Commissions and public inquiries, pressure groups and the media), the processes of repeal, consolidation and codification, and the limits on reform.
An Eduqas A-Level Law guide to law reform. Explains the Law Commission, Royal Commissions and inquiries, pressure groups and the media, the processes of repeal, consolidation and codification, and why many reforms are not enacted, with worked exam answers and the AO3 evaluation the paper rewards.
- The evaluation essay (AO3): structuring a balanced argument, analysing strengths and weaknesses, using examples, cases and reform proposals, and reaching a reasoned conclusion.
An Eduqas A-Level Law guide to the evaluation essay (AO3). Explains how to structure a balanced argument, analyse strengths and weaknesses, use examples and reform proposals and reach a conclusion, with worked examples and the technique the Component 3 paper rewards.
Sources & how we know this
- Eduqas A Level Law (A150) specification — WJEC Eduqas (2017)