Parliamentary law-making: the legislative process through the Houses of Parliament, the influences on Parliament, and the doctrine of parliamentary supremacy and its limits.

What this dot point is asking

This dot point covers how Parliament makes primary legislation and the constitutional doctrine that underpins it: parliamentary supremacy (sovereignty). You need to describe the legislative process in order, identify the influences that prompt new law, and explain the doctrine of supremacy along with the developments that qualify it. WJEC tests both accurate description of the process and evaluation of where law-making power really lies.

The answer

Types of bill

The legislative process

A bill must complete the same set of stages in both the House of Commons and the House of Lords:

1. First reading. The bill's title is read out; no debate. It is published.
2. Second reading. The main debate on the general principle of the bill, followed by a vote. This is the key hurdle.
3. Committee stage. A committee examines the bill clause by clause and proposes amendments.
4. Report stage. The House considers the committee's amendments.
5. Third reading. A final review and vote on the amended bill; only minor changes are possible.

The bill then passes to the other House and repeats the stages. Where the Houses disagree, the bill moves back and forth between them, a process nicknamed "ping-pong".

Influences on Parliament

Parliament does not legislate in a vacuum. The main influences are:

• The government's manifesto and political programme, which drives most public bills.
• The Law Commission, the independent body that reviews areas of law and recommends reform.
• Pressure groups, both sectional (representing an interest) and cause groups (promoting a belief).
• Public opinion and the media, which can force issues onto the agenda, sometimes leading to rushed "knee-jerk" legislation.

Parliamentary supremacy

Dicey's doctrine has three limbs: Parliament can legislate on any subject, no Parliament can bind its successors, and no court can question the validity of an Act. The doctrine has been qualified in practice:

• European Union membership allowed UK courts to disapply conflicting Acts (R v Secretary of State for Transport, ex parte Factortame), though this ended with EU withdrawal.
• The Human Rights Act 1998 lets courts declare legislation incompatible with Convention rights (section 4) but, crucially, not strike it down, preserving supremacy in form.
• Devolution has transferred wide powers to the Senedd Cymru (Welsh Parliament) and the Scottish Parliament, although Westminster retains the theoretical right to legislate for the whole UK.

Examples in context

The Parliament Acts illustrate where supremacy and democratic legitimacy meet. The Hunting Act 2004 was passed using the Parliament Acts procedure after the Lords resisted, and its validity was upheld in R (Jackson) v Attorney General (2005), confirming that legislation passed by the Commons alone under the Parliament Acts is a valid Act of Parliament. On supremacy's limits, Factortame is the leading illustration: the House of Lords granted an injunction disapplying part of the Merchant Shipping Act 1988 because it conflicted with EU law, something previously thought impossible. With EU withdrawal that particular constraint has fallen away, but devolution and the Human Rights Act remain live qualifications on the orthodox Diceyan picture.

Try this

Q1. Name the three readings a bill passes through in each House. [3 marks]

• Cue. First reading, second reading and third reading.

Q2. What is the effect of the Parliament Acts 1911 and 1949? [2 marks]

• Cue. They allow the elected House of Commons to pass certain bills without the Lords' consent after a delay.

Q3. Explain the doctrine of parliamentary supremacy and how far it has been limited. [12 marks]

• What the marker wants. Dicey's three rules with examples, then the EU (Factortame), HRA 1998 and devolution qualifications, and a conclusion on whether supremacy survives.