1. Parliamentary law making process

Question 1

What do we have in the UK?

Answer 1

An unwritten constitution

Question 2

What is one of the main principles of our legal system?

Answer 2

That the laws of our country should be made by elected representatives of society

Question 3

When are MPs elected?

Answer 3

Every 5 years

Question 4

Which act enforces MP elections every 5 years?

Answer 4

Fixed Term Parliament Act 2011

Question 5

How many people in HofL as of 2016?

Answer 5

-692 life peers
-91 hereditary peers
-26 senior bishops in church of england

Question 6

What are facts of the house of lords?

Answer 6

-Hereditary/life peers
-non elected
-check and amend proposed laws

Question 7

What is the monarchs role in law making?

Answer 7

-Ceremonial
-Royal assent required for bill to be law
-Queen sign bill and then act of parliament display royal crest
-also known as head of state

Question 8

What is a bill?

Answer 8

Proposed act of parliament or proposed changes to a current act, that has been drafted and published.

Question 9

What are the qualities of a private members bill?

Answer 9

-introduced by MPS or Lords that are not government ministers
-purpose to change or make laws
-very few become act
-not much time for hearing
heard through: by ballot, by ten-minute rule

Question 10

What are the qualities of a public bill?

Answer 10

-Involve matters of public policy that effect a whole country or large proportion. E.g police and ciminal evidence act 1984

Question 11

What are the qualities of a private bill?

Answer 11

Limited in number and designed to pass a law that will only affect individual/corporation. promoted by organisations or local authorities to give powers beyond general law.

Question 12

What is in the pre-legislative procedure?

Answer 12

-green paper
-White paper

Question 13

What is the aim of the green paper

Answer 13

-Stimulate discussion
-First step to changing a law
-Allows people inside and outside parliament to give feedback and suggestions

Question 14

What is the aim of the white paper

Answer 14

-Forms basis of draft legislation and will direct those to draft bill
-Allows for further feedback before presenting as a bill

Question 15

What happens in draft bill?

Answer 15

Proposals drafted by government lawyers into formal draft bill, then published

Question 16

What happens in first reading?

Answer 16

name, aim and purpose of bill read out, no discussion but vote if should progress

Question 17

What happens in second reading?

Answer 17

MPs debate main principles behind bill rather than small details. To speak MP must catch eye of speaker and noone speaks without being called. Vote taken at end

Question 18

What happens in committee stage?

Answer 18

Examine each clause, by a committee of 12 to 50 MPs, if involves finance then HofC will entirely form standing committee

Question 19

What happens in report stage?

Answer 19

Standing committee report to HofC upon amendments. HofC vote on amendments. “safeguard against a small committee amending a bill against wishes of the house”

Question 20

What happens in third reading?

Answer 20

Final vote upon bill takes place, a formality because unlikely bill will fail

Question 21

What happens in other house?

Answer 21

Progresses to other house and goes through same 5 stages. Ping ponging is process of sending amendments back and forth

Question 22

What happens in royal assent?

Answer 22

The monarch formally approves bill and it becomes act. Formality as monarch only sees short title

Question 23

what happens in commencement of the act?

Answer 23

Follows royal assent, act of parliament will be coming into force at midnight.

Question 24

Why were parliament acts made?

Answer 24

until early 20th century HofL had power to stop legislation, this arrangement pressurised after they refuse pass david lloyd-georges peoples budget 1909. This resulted in parliament act 1911, removed veto powers but extent up to 2 years
1949-reduces to 1 year

Question 25

What is the sentence we remember? (GWDFSCRTOR)

Answer 25

-Green
-Winged
-Dragons
-Fly
-Slowly
-Clockwise
-Round
-The
-Old
-Ruin

Question 26

What are the advantages of the legislation process?

Answer 26

The process upholds the rule of law - The law should be fair, certain and represent society. Bill is scrutinised. Public are consulted.
The legislative procedure is intensely scrutinised - Consultation at each stage. Plenty of time for amendments. Scrutinised by both houses - not just one, debates also televised
Process is conducted by democratically elected people - HofC is democratically elected and they have more power than HofL. Represents views of society. Parliamentary sovereignty upheld

Question 27

What are the disadvantages of the legislation process?

Answer 27

Acts of parliament complex and lack clarity- use complex language, doesn’t uphold the rule of law because people don’t know the law. Requires judge to interpret it, so done differently
Time consuming - Takes months, years to pass act. Could be out of date when passed
Process is undemocratic - HofL is unelected and stereotypically upper class, privately elected. Not representing society