Bill (law)
A proposal for a new law or alteration of an existing law.
A bill is a formal suggestion for a new law or a major change to an existing one. It only becomes law after the legislature passes it and, usually, the head of state (often the executive) gives approval. Once enacted, it is referred to as an act of the legislature, or a statute.
The term "bill" is primarily used in English-speaking countries that were once part of the British Empire and follow common law, such as the United States. A bill’s parts are called clauses until it becomes an act, after which they are known as sections. In civil law countries like France, Belgium, Luxembourg, Spain, and Portugal, a proposed law is called a "law project" if introduced by the government, or a "law proposition" if introduced by a private member. Some legislatures, like the Dutch parliament, use these terms interchangeably. In Canada, federal bills are bilingual, with "projet de loi" used in French and "bill" in English.
Bills typically include titles, enacting provisions, statements of intent, definitions, substantive provisions, transitional clauses, and effective dates. A draft bill may be prepared before formal introduction. In the United Kingdom, draft bills are often kept confidential, and pre-legislative scrutiny by a parliamentary committee is a formal process. In India, a draft bill goes to the relevant ministry, then to the Ministry of Law and Justice, and finally to a Cabinet committee headed by the prime minister. Pre-legislative scrutiny is required in much of Scandinavia, occurs at the discretion of the Irish parliament, and happens in the UK at the government’s discretion. Under Ireland’s Poynings’ Law (1494–1782), legislation had to be pre-approved by both the Privy Council of Ireland and the Privy Council of England, so bills were debated as "heads of a bill," submitted for approval, and then formally introduced to be rejected or passed unchanged.
In the Westminster system, where the executive is drawn from the legislature and usually holds a majority, most bills are introduced by the government. The legislature typically meets to consider the executive’s demands, as outlined in the King’s Speech. Other members can introduce bills, but these are subject to strict timetables and often fail without consensus. In the US system, where the executive is separate from the legislature, all bills must originate in the legislature. Bills can be introduced by leave (e.g., the Ten Minute Rule motion in the UK, where a legislator has 10 minutes to propose a bill) or by government motion, where the executive controls legislative business.
Bills generally go through several readings, a term from the historic practice of clerks reading the bill aloud. In India, a bill’s first reading involves the minister introducing its title and objectives without discussion or voting, after which it is published in the Gazette of India. The second reading gives the bill its final shape, starting with a general discussion and referral to a select or joint committee for scrutiny. The committee stage involves detailed examination and a report to the house. In the consideration stage, the bill is debated and voted on. The third reading votes on the bill as a whole; if a majority of the house present and voting approves, it is authenticated by the presiding officer. The bill then goes to the other house, and if both agree, it reaches the president, who can assent, withhold assent, return it for consideration, or simply sit on it.
In the United Kingdom, a bill goes through seven stages: first reading, second reading, committee stage, report stage, third reading, opposite house, and royal assent. It is introduced by a member of Parliament in the House of Commons or by a member of the House of Lords. The first reading involves reading the proposition with minimal discussion and no voting. The second reading follows, where the bill is presented.
- field
- Legislative procedure
- known_for
- Proposal for a new law or alteration of an existing law
- usage
- Mainly in English-speaking nations formerly part of the British Empire; also in civil law systems as 'law project' or 'law proposition'
Lore & Background
Bills generally include titles, enacting provisions, statements of intent, definitions, substantive provisions, transitional clauses, and dates of effect. Preparation may involve a draft bill; in the United Kingdom, draft bills are often considered confidential. Pre-legislative scrutiny is a formal process carried out by a parliamentary committee on a draft bill, required in much of Scandinavia and occurring in Ireland at the discretion of the Oireachtas and in the UK at the government's discretion. In the Westminster system, most bills are introduced by the executive (government bill). Mechanisms exist for other members to introduce bills, but they are subject to strict timetables. In the US system, all bills must originate from the legislature. Bills are considered through readings: first reading (introduction), second reading (detailed discussion), committee stage (scrutiny and amendments), report stage (review of changes), third reading (final approval), and then passage to the opposite house.
Reader's Guide
The concept of a bill is fundamental to the legislative process in common law systems, particularly those derived from the British Empire, including the United States. It represents the formal mechanism by which proposed laws are introduced, debated, and refined before becoming statutes. The stages of a bill—from first reading through committee scrutiny to final approval—ensure that legislation is carefully considered and amended as needed. The distinction between government bills and private members' bills reflects different sources of legislative initiative. In civil law systems, the terminology differs (law project vs. law proposition), but the function is similar. The requirement for head-of-state approval, though often a formality in parliamentary systems, preserves a constitutional check. The process of pre-legislative scrutiny in some jurisdictions allows for expert input before formal introduction. Overall, the bill is the essential vehicle for lawmaking, embodying the transition from proposal to binding law.
Did You Know?
- The parts of a bill are known as clauses until it becomes an act, after which they are called sections.
- In Canada, bills in the federal parliament are always bilingual, using 'bill' in English and 'projet de loi' in French.
- In India, after both houses agree on a bill, the president can assent, withhold assent, return it for consideration, or sit on the bill.
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