How does Parliament make law, and what is meant by parliamentary supremacy in England and Wales?
Parliamentary law making: the influences on Parliament, Green and White Papers, the legislative process through both Houses, and the doctrine of parliamentary supremacy (sovereignty) and its limits.
An OCR A-Level Law guide to parliamentary law making. Explains Green and White Papers, the legislative process through both Houses to Royal Assent, the influences on Parliament, and parliamentary supremacy and its limits, with worked exam answers and the AO3 evaluation the paper rewards.
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What this dot point is asking
OCR Component 2 Section A requires you to know how Parliament makes statute law: the influences on it, the pre-legislative stage (Green and White Papers), the legislative process through both Houses to Royal Assent, and the constitutional doctrine of parliamentary supremacy (sovereignty) and its modern limits. The skill is to describe the process for AO1 and to evaluate supremacy for AO3.
The answer
Influences and the pre-legislative stage
Parliament is influenced by the government's manifesto, Law Commission reports, public inquiries, pressure groups, the media and emergencies. Before legislating, the government often issues a Green Paper (a consultation document inviting views) and then a White Paper (a firm statement of policy). A Bill is then drafted, usually a public Bill introduced by a government department, though there are also private members' Bills and private Bills.
The legislative process
Where the two Houses disagree on amendments, the Bill passes back and forth between them ("ping-pong") until they agree; under the Parliament Acts 1911 and 1949 the Commons can ultimately pass certain Bills without the Lords' consent. Once both Houses agree, the Bill receives Royal Assent and becomes an Act. It comes into force on Royal Assent, on a date stated in the Act, or on a day fixed by a commencement order.
Parliamentary supremacy
Examples in context
A strong evaluation answer links the description of the process to the doctrine of supremacy and its limits.
Try this
Q1. Explain the difference between a Green Paper and a White Paper in the law-making process. [10 marks]
- What the marker wants. Precise AO1: a Green Paper is a consultation document inviting views on possible reform; a White Paper is a firm statement of the government's policy proposals, usually preceding a Bill.
Q2. Discuss the extent to which the House of Lords plays a useful role in making law. [20 marks]
- Cue. An AO3 evaluation: weigh the Lords' expertise, scrutiny and revision against its unelected nature and the Commons' ultimate power under the Parliament Acts, and judge whether its role is justified.
Exam-style practice questions
Practice questions written in the style of OCR exam questions on this dot point, with worked answer explainers. The year tag is the paper they imitate, not the source.
OCR H418/02 2019 (Section A style)15 marksDescribe the process by which a Bill becomes an Act of Parliament. [a medium-tariff Section A question; true tariff varies between 10 and 15 on the real paper]Show worked answer →
A Section A knowledge question, mainly AO1, rewarding the stages in order with the right detail.
Pre-legislative. A Green Paper is a consultation document; a White Paper sets out firm proposals. A Bill is then drafted (often a public Bill from a government department).
The stages. In the first House: First Reading (formal introduction, no debate), Second Reading (main debate on principle and a vote), Committee Stage (line-by-line scrutiny by a Public Bill Committee), Report Stage (consideration of amendments) and Third Reading (final vote). The Bill then repeats these stages in the other House. Disagreements are resolved by amendments passing between the Houses (ping-pong). Finally the Bill receives Royal Assent and becomes an Act, commencing on Royal Assent, a set date, or by commencement order.
A top answer lists the stages in order and explains what happens at each.
OCR H418/02 2021 (Section B essay)20 marksDiscuss the extent to which parliamentary supremacy is still an accurate description of law making in the United Kingdom. [Section B extended-response evaluation, AO3]Show worked answer →
An AO3 evaluation essay marked by levels of response. The top level explains supremacy, tests the limits and judges.
The doctrine (Dicey). Parliament can make or unmake any law; no Parliament can bind its successor; no court can override an Act.
The limits. The Human Rights Act 1998 allows courts to issue declarations of incompatibility (s4) and to read legislation compatibly (s3); devolution has transferred powers to Scotland, Wales and Northern Ireland; while a member, EU law took precedence (Factortame); the rule of law and political reality constrain Parliament.
Post-Brexit. The European Union (Withdrawal) Act 2018 ended the supremacy of EU law for the future and created retained (now assimilated) EU law, restoring Parliament's legal freedom to legislate, though devolution and the HRA remain.
Judgement. Conclude that Parliament remains legally supreme but is politically and practically constrained, so the strict Diceyan account needs qualification. The top level judges rather than lists.
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- The extended evaluation essay (AO3): building a balanced critical argument with examples, weighing strengths and weaknesses, and reaching a reasoned and supported judgement that answers the question.
An OCR A-Level Law guide to the extended evaluation essay. Explains how to build a balanced critical argument, weigh strengths and weaknesses with examples, and reach a reasoned judgement, with a worked plan and the AO3 evaluation the paper rewards across all three components.
Sources & how we know this
- OCR A Level Law (H418) specification — OCR (2017)