Bill (law)
A bill is a proposal for a new law, or a proposal to significantly change an existing law.[1] A bill does not become law until it is passed by the legislature and has been, in most cases, approved by the executive. Once a bill has been enacted into law by the legislature, it is called an act of the legislature, or a statute. Bills are introduced in the legislature and are discussed, debated and voted upon.
Usage[edit]
The word bill is mainly used in English-speaking nations formerly part of the British Empire whose legal systems originated in United Kingdom common law, including the United States. The parts of a bill are known as clauses, until it has become an act of parliament, from which time the parts of the law are known as sections.[2]
In nations with a Napoleonic law (including France, Belgium, Luxembourg, Spain and Portugal), a proposed law may be known as a "law project" (Fr. projet de loi), which is a government-introduced bill, or a "law proposition" (Fr. proposition de loi), a private member's bill. For example the Dutch parliamentary system does not make this terminological distinction (wetsontwerp and wetsvoorstel being used interchangeably).
Preparation[edit]
Bills generally include titles, enacting provisions, statements of intent, definitions, substantive provisions, transitional clauses, and dates which the bill will be put into effect.[3] The preparation of a bill may involve the production of a draft bill prior to the introduction of the bill into the legislature.[4] In the United Kingdom, draft bills are frequently considered to be confidential.[5] Pre-legislative scrutiny is a formal process carried out by a parliamentary committee on a draft bill.[6]
In the Parliament of India, the draft bill is sent to individual ministry relating to the matter. From there the bill goes to the Ministry of Law and Justice and then is passed on to the Cabinet committee which the prime minister heads.
Pre-legislative scrutiny is required in much of Scandinavia, occurs in Ireland at the discretion of the Oireachtas (parliament) and occurs in the UK at the government's discretion.[7]
In the Parliament of Ireland under Poynings' Law (1494–1782) legislation had to be pre-approved by the Privy Council of Ireland and Privy Council of England, so in practice each bill was substantively debated as "heads of a bill", then submitted to the privy councils for approval, and finally formally introduced as a bill and rejected or passed unamended.[8]
In the Westminster system, where the executive is drawn from the legislature and usually holds a majority in the lower house, most bills are introduced by the executive (government bill). In principle, the legislature meets to consider the demands of the executive, as set out in the Queen's Speech or speech from the throne.
Mechanisms exist to allow other members of the legislature to introduce bills, but they are subject to strict timetables and usually fail unless a consensus is reached. In the US system, where the executive is formally separated from the legislature, all bills must originate from the legislature. Bills can be introduced using the following procedures: