How Do Legislatures Like US Congress and UK Parliament Make and Uphold Laws?
Legislatures such as the US Congress and the UK Parliament are key institutions in democratic societies, responsible for making and upholding laws that govern the land. These bodies play a pivotal role in shaping national policies, addressing the needs of their citizens, and ensuring the rule of law. While the processes of lawmaking in both the United States and the United Kingdom share certain similarities, they also have distinct features reflective of their respective political systems and constitutional frameworks. This article explores how these legislatures function, how they make laws, and how they ensure these laws are upheld.
US Congress: The Legislative Process
The United States Congress is the primary lawmaking body in the US, consisting of two houses: the Senate and the House of Representatives. Congress is responsible for creating laws, approving budgets, ratifying treaties, and overseeing the executive branch of the government. It operates within the framework of the US Constitution, which sets out the powers of the legislative branch.
Structure of Congress
- The Senate: The Senate consists of 100 members, two from each state, serving six-year terms. The Senate has unique responsibilities, such as confirming presidential appointments (e.g., judges, cabinet members) and ratifying treaties.
- The House of Representatives: The House is made up of 435 members, with the number of representatives from each state determined by its population. Representatives serve two-year terms and are primarily responsible for introducing and voting on bills related to federal taxation and spending.
The Lawmaking Process in US Congress
- Drafting a Bill: The lawmaking process begins with the drafting of a bill. Bills can be introduced by any member of Congress (Senator or Representative), the President, or even interest groups. The bill must be written in legal language, outlining the proposed changes to existing law.
- Committee Review: After introduction, the bill is assigned to a committee in either the House or Senate, depending on where it was introduced. Committees play a crucial role in the process by holding hearings, making revisions, and deciding whether the bill should proceed to the full chamber for debate and voting.
- Debate and Voting: Once the bill passes committee review, it is debated by the entire chamber. Members of Congress discuss the merits and drawbacks of the bill, and amendments may be proposed. Following the debate, a vote is held. If the bill passes in one chamber, it moves to the other chamber (House or Senate) for review.
- Reconciliation: If both chambers pass different versions of the same bill, they must reconcile their differences in a conference committee. The final version of the bill is then sent back to both chambers for approval.
- Presidential Approval: After passing both the Senate and the House, the bill is sent to the President for approval. The President can either sign the bill into law or veto it. If the President vetoes the bill, Congress can override the veto with a two-thirds majority vote in both chambers, thereby making the bill law without the President’s approval.
Upkeeping Laws and Oversight
- Legislative Oversight: Congress is responsible for monitoring the actions of the executive branch and ensuring that laws are implemented correctly. Congressional committees regularly investigate matters related to the enforcement of laws, investigate potential violations, and hold hearings to gather information.
- Amending Laws: Over time, laws may need to be amended to reflect changing social, political, or economic realities. Congress can pass amendments to existing laws through the same process used to create new laws.
- Judicial Review: Courts, particularly the US Supreme Court, have the power to review the constitutionality of laws passed by Congress. If a law is deemed unconstitutional, the courts can strike it down, preventing it from being enforced.
UK Parliament: The Legislative Process
The UK Parliament is the supreme legislative body in the United Kingdom, responsible for making laws, scrutinizing the government, and representing the public. It is a bicameral institution, consisting of the House of Commons and the House of Lords. Unlike the US, the UK has a parliamentary system, meaning that the executive (the Prime Minister and Cabinet) is drawn from and accountable to the legislature.
Structure of the UK Parliament
- The House of Commons: The House of Commons is made up of Members of Parliament (MPs) who are elected by the public during general elections. There are 650 MPs, each representing a geographic constituency. The House of Commons is the more powerful of the two houses, as it holds the majority of legislative and financial powers.
- The House of Lords: The House of Lords is the upper house of Parliament, consisting of life peers, bishops, and hereditary peers. While it can suggest changes to bills and delay legislation, it cannot ultimately block legislation passed by the House of Commons.
The Lawmaking Process in the UK Parliament
- Drafting and Introduction of a Bill: Bills can be introduced in either the House of Commons or the House of Lords. Government bills, which are proposed by the Prime Minister or Cabinet ministers, are the most common. Bills can also be introduced by MPs or members of the House of Lords through private members' bills.
- First Reading: The first reading of a bill is a formality, where the title of the bill is read out, and it is formally introduced. There is no debate at this stage.
- Second Reading: The second reading is the first opportunity for MPs or Lords to debate the main principles of the bill. A vote is held after the debate, and if the bill passes, it moves to the committee stage.
- Committee Stage: The bill is examined in detail by a committee of MPs or Lords, who can suggest amendments. In the House of Commons, this is typically done by a Public Bill Committee. In the House of Lords, the bill is examined by the House's Committee of the Whole House or by a Committee of Lords.
- Report Stage: The bill, with any proposed amendments, is presented to the whole House for debate and further revisions. MPs or Lords can debate and vote on changes to the bill at this stage.
- Third Reading: The final version of the bill is debated, and MPs or Lords vote on whether to approve it. If the bill passes, it moves to the other House for consideration.
- Consideration by the Other House: The bill follows a similar process in the other house (House of Lords or House of Commons), where MPs or Lords can suggest amendments. If there are disagreements, the bill may "ping-pong" back and forth between the two Houses.
- Royal Assent: Once both Houses agree on the final version of the bill, it is sent to the monarch for royal assent. Once the monarch signs the bill, it becomes law. In practice, royal assent is a formality and is always granted.
Upkeeping Laws and Parliamentary Oversight
- Parliamentary Scrutiny: Parliament plays an essential role in scrutinizing the government’s actions and ensuring that laws are implemented correctly. Committees of MPs and Lords regularly examine government policies, hold inquiries, and question ministers to ensure accountability.
- Constitutional Changes: Over time, the UK Parliament has the power to amend laws, including the constitution, although the UK does not have a single written constitution. Constitutional changes are typically made through legislation passed in Parliament.
- Judicial Review: While Parliament has the ultimate legislative authority, the judiciary in the UK can review laws to ensure that they comply with constitutional principles, human rights law, and European Union law (although this has changed following Brexit). The courts can issue declarations of incompatibility, which prompt Parliament to amend laws that violate rights protected under the Human Rights Act.
