Drafting & Assent
The rule of law is held supreme in the United Kingdom. In order to reinforce the rule of law, the House of Commons was deemed to be the supreme legislative body in order to uphold the rule of law. The law formulated by the parliament is known as the statutory law. The process by which statutory law is created is divided in to two procedural subdivisions, the pre-parliamentary procedure, and the parliamentary procedure . While it may appear that the pre-parliamentary procedure and the parliamentary procedure are separate and unrelated procedural courses, they are not. Both procedures compliment each other, in that with each stage a definite part of an act’s life is complete.
The pre-parliamentary process is divided in to five distinct steps. These steps may appear to be tedious; however, this is necessary in order to ensure that the laws are passed after thorough consideration . The first step is indecisive as any member of the parliament may present an act for consideration, an example will be the Abortion Act 1967, which presented by David Steel as a Private Member’s Bill. In the normal course of the business of the parliament, the legislative committee decides what laws are to be presented for assent in a parliamentary session. The legislative committee is not the actual legislative body; the function of the legislative committee is to draft the law that is to be presented for assent. The Bill is a rough draft of the law that is to be presented to the parliament for assent. Bills are created on the recommendation of the numerous commissions that operate within the country .
After deciding on the issue with regards to which the law is to be formulated and presented for assent, a Green Paper will be issued. A green paper is a notice by the legislative committee containing a sketch of the proposed law, to the effect of calling the interested and affected parties to a meeting . The meeting aims to identify the concerns of the parties involved, and to modify the draft accordingly.
Following discussions on the Green paper, the draft law is modified accordingly to suit the needs of the society and its members. Accordingly, a white paper is published. The White paper is the formalized form of the draft law containing the proposed modifications. The White Paper is submitted to the parliament for further discuss, and subsequent assent or rejection.
The parliamentary procedure is the officious stage of a law’s life. During the parliamentary procedure, the law is constantly debated and redrafted to better fulfill the national interest . While the procedure improves the law, the amount of time consumed is tremendous. The relevance of time comes because not all laws are of equal importance, and the time spent in the formulation of one may have been used in the concluding some other matter of national importance.
The first stage of the parliamentary procedure in a law’s life is known as the first reading. In the first reading the...