THE FEDERAL LEGISLATIVE PROCESS, OR HOW A BILL

BECOMES A LAW

In the United States, the federal legislative powers—the ability to consider

bills and enact laws—reside with Congress, which is made up of the US
Senate and the House of Representatives. This resource is designed to help
you understand how this complex process works!

Introducing a Bill and Referral to a Committee

Any member of Congress can introduce legislation. The person or persons who
introduce a bill are the sponsors; any member of the same body (House or Senate)
can add his or her name as a cosponsor after the day of introduction. When a bill is
introduced, it is given a number: H.R. signifies a House bill and S. a Senate bill.
The bill is then referred to a committee with jurisdiction over the primary issue of
the legislation. Sometimes a bill will be referred to multiple committees. And
sometimes the bill is referred to a subcommittee first.

Committee Action: Hearings and Markup

The chair of the relevant committee determines whether there will be a hearing on
the bill (which is an opportunity for witnesses to provide testimony) and then
whether there will be markup, which refers to the process by which the proposed
bill is debated, amended, and rewritten. Usually, a subcommittee holds the hearing,
and then the bill can be marked up, first in subcommittee and then in full
committee (although action can be taken only at the full committee level). After
amendments are adopted or rejected, the chair can move to vote the bill favorably
out of committee. If the committee favorably reports out the bill, it then goes to the
entire body of the House or the Senate; if not, the bill essentially “dies” in
committee.

Committee Report
The committee chair’s staff write a report of the bill, describing the intent of the
legislation, the legislative history (such as hearings in the committee), the impact
on existing laws and programs, and the position of the majority of members of the
committee. The members of the minority, including the Ranking Member, (the
most senior committee member from the minority party), may file dissenting views
as a group or individually. A copy of the bill as marked up is usually printed in the
Committee Report.
Floor Debate and Votes
The Speaker of the House and the Majority Leader of the Senate determine if and
when a bill comes before the full body of the House and the Senate, respectively,
for debate and amendment and then final passage. There are very different rules of
procedure governing debate in the House and debate in the Senate. In the House, a
representative may offer an amendment to a bill only if he or she has obtained
permission from the Rules Committee. In the Senate, a senator may offer an
amendment without warning, as long as the amendment is germane to the bill. In
both chambers, a majority vote is required both for an amendment to be accepted
and for the final bill to be passed, although amendments are sometimes accepted
by a voice vote (in which individuals say "Yea" or "Nay,” and the loudest side
wins; the names or numbers of individuals voting on each side are not recorded).

Referral to the Other Chamber

When the House or the Senate passes a bill, the bill is referred to the other
chamber, where it usually follows the same route through committee and floor
action. That chamber may approve the bill as received, reject it, ignore it, or amend
it before passing it.

Conference on a Bill
If only minor changes are made to a bill by the other chamber, the legislation
usually goes back to the originating chamber for a concurring vote. However,
when the House and Senate versions of the bill contain significant and/or
numerous differences, a conference committee is officially appointed to reconcile
the differences between the two versions in a single bill. If the conferees are unable
to reach agreement, the legislation dies. If agreement is reached, a conference
report is prepared describing the committee members’ recommendations for
changes. Both the House and the Senate must approve the conference report. If
either chamber rejects the conference report, the bill dies.

Action by the President

After the conference report has been approved by both the House and the Senate,
the final bill is sent to the President. If the President approves the legislation, he
signs it and it becomes law. If the President does not take action for 10 days while
Congress is in session, the bill automatically becomes law. If the President opposes
the bill, he can veto it; or if the President takes no action and Congress adjourns its
session, it is a "pocket veto" and the legislation dies.

Overriding a Veto
If the President vetoes a bill, Congress may decide to attempt to override the veto.
This requires a two-thirds roll call vote of the members who are present in
sufficient numbers for a quorum.

LAW MAKING PROCESS IN UK

Parliament (legislature) is a body with the highest legislative authority in the United
Kingdom. [1] It checks and examines the work of government. Parliament also debate and
approves new laws proposed by the government. The House of Commons (elected MPs) and the
House of Lords together make Parliament. A Bill can only become an Act of parliament when
the House of Lords and the MPs both vote to support it. [2] House of Lord power to reject a Bill
was limited by the Act of Parliament 1911 and 1949. A Bill can still become a law if rejected by
the Lords provided it is re- introduced into the HOL. [3]

The House of Commons

Members of Parliament (MPs) or the House of Commons are the people, democratically, elected
by the public to represent in the parliament. They are elected every 5 years through general
election. An election can be called sooner by the Prime Minister if the need arise. There may also
be by-election in a constituency where an MP dies or retires. Mostly, the reigning political party
has the majority MPs in the Parliament.

The House of Lords (HOL)

They consist of hereditary peers, life peers, and the most senior bishop in the Church of England.
There used to be the 12 most senior judges sitting in the House of Lords but they are now
separated from parliament. They sit as the Supreme Court. [4]

Introducing an Act of Parliament

Government introduces great majority of Acts of Parliaments. Parliamentary Counsel to treasury
first by instructions drafts what should be included in the proposed law and its effects and
impacts on the society. The draft is known as a bill. Parliamentary Counsel to treasury is
Lawyers in civil service.

Stages in Law making

The stages involved in law making in the English Legal System includes Bill, First reading (Bill
is first read out), Second reading, Committee stage, Report stage, third reading, House of Lords
and Royal Ascent.

Bill
It is the draft made by civil layers instructed by the Government. It just explains the details of the
proposed law. There are 3 main types of Bills which are Public Bills, Private Bills and Private
Members Bill. All statutes begin as a Bill.
Public Bill
Public Bill will affect the entire country or a larger portion of it. They are prepared by the cabinet
to change the laws in the country and preceded by Green Paper. Examples are the Criminal
Justice Act 2003, the Constitutional Reform Act 2005. [5]

Private Members Bill

Few of such Bills become an Act. They are prepared by backbench MP. They must enter into a
ballot to win the right to do so. They then have to persuade the government to allow enough
parliamentary time for the bill to go through. Examples of such Bill is the 1967 Abortion Act

Private Bill
This type of bill are usually proposed by a local authority, public corporation or large public
companies

First Reading
In this reading,. The title of the bill and what it includes is read to the House of Commons.
Nothing is done at all at this stage

Second Reading
The detailed on the Bill is debated and amended at this stage. MPs then vote on whether the Bill
should proceed or not. The whip system is mainly used at this stage to get members support their
political party which may always cause the majority is the current government to win.

Committee Stage
This is where the Bill is referred to the House of Commons committee for detailed examination.
There may be further amendments made to the bill at this stage if needed.

Report Stage
The committee reports the debates and amendments made back to the House. The Bill is further
debated and voted upon by the House.

Third Reading
Bill is re-presented to the House. Short debate may be done and then vote whether it should be
accepted or rejected.

House of Lords
The Bill is sent to the House of Lords to go through the 5 stages mentioned above. Amendments
are made and then sent back to the House of Commons to consider the amendments.
Royal Ascent
This is the final stage of the process where the monarch has to formally approve the Bill and then
becomes an Act of Parliament. This is now formalities under the Royal Ascent Act 1961, the
monarch, will not even have the text of the Bill she is assenting to. In 1707, the monarch (Queen
Anne) refused to ascent to the Scottish Militia Bill

Delegated Legislation
Delegation [6] means assigning or giving power to others to perform special duty or a specific
task. [7] Legislation is set or laws governing a society or a country. The law made by other
bodies with the authority of parliament is known as Delegated Legislation. The parent act of
parliament known as enabling Act allows parliament to appoint other bodies to make
laws. [8] Examples of enabling Act include Access to justice Act 1999 and Criminal Justice Act
2003.

There are three main forms of Delegated Legislation which includes Statutory instrument (laws
made by Government Ministers), Bye-Laws (laws made by local authorities, public and
nationalized bodies). [9] The central government must approve them. Order in council is made
by the Government in time of emergency. The relevant government draft them, Privy Council
approves it and then singed by the Queen

The need for delegated legislation

Delegated legislation is a faster way of making laws which saves parliamentary time. Parliament
does not need to debate and amend before they are passed. Parliament may also not have the
required knowledge on some particular areas, issues which will need which may need technical
expertise. For example, many different industries may need expects knowledge on their health
and safety measures whiles local knowledge is needed for local parking

Control of delegated legislation

It is important that delegated legislation is controlled because it is mostly made by non- elected
bodies, and also many people have the power to make those laws. If it not controlled, then
unreasonable law [10] may be pass to make others life very difficult. It is therefore controlled by
the Parliament and the courts to make sure power or authority, giving to other bodies, is not
misused. Planning laws which may affect the environment may need public enquiry before it is
passed. The Enabling Act made by parliament controls, who can make laws, when laws can be
made, the type of laws and the limit the people in authority to make delegated legislation can
go. [11]

Parliamentary Sovereignty [12]
This is the power Parliament has to revoke any delegated legislation at any giving time.
Parliament may also pass law on the same subject as delegated legislation with no restrictions

The Court can challenge delegated legislation on the bases of ultra vires. Ultra vires is when the
law goes beyond the powers which were granted by the Parliament in the Enabling
Act. [13] Enabling Act as already explained is the Act that allows some delegated person or body
to make laws. Any delegated legislation found to be Ultra vires is ruled to be void and cannot be
effected. [14]

Criticism of delegated legislation

Parliament mainly has its majority members from the ruling government which in one way or the
other may have effect on the delegated legislation. It may be bias because laws may be passed in
favour of the ruling government. It may create political conflict because it undemocratic meaning
authority has been pass down to non-elected people making law for the highly democracy
society. There is also a higher risk of sub-delegation which means, delegated bodies also
appointing others to make laws. Laws made by such people can be called void because the
laydown procedure is not followed.

Conclusion
Delegated legislation may have both negative and positive impact on our law making process,
society and even on the country as a whole but it is always easier for parliament and courts to
review and make corrections. Processes of review may consume time, financial loss because
money will be paid to expertise to have it checked. Delegated legislation targets a specific actin a
particular area. For example, local councils may know what is happening in their communities
and then make better laws to bring back it community to shape.