2.A Parliamentary Law Making Flashcards
What are the 5 influences on Parliament
Political Influences PUblic opinion/ media Pressure groups Lobbyists The Law Commision
Explain the influence of political parties
Parties publish a manifesto setting out their ideas/ aims and these can influence the law that gets made if they are voted in
Explain the influence of Public opinion/ media
When there’s a strong public opinion, gov may have to make laws to deal with it. Example- Dangerous Dogs Act 1991 in response to public outcry about kids being injured by dogs
Media can get attention of public and influence P to
Explain the influence of Pressure groups
Sectional pressure groups represent a particular group/ section of society and their interests eg. Law society, British medical association
Cause pressure groups focus more on specific causes eg League of Cruel Sports was against Fox hunting and their activities led to the Hunting Act 2004 banning this
Explain the influence of Lobbyists
Lobbyists try get individual MP’s to support a cause or ask a question in the HoC
Explain the influence of The Law Commision
Group of independent legal experts who find problems with the law, conduct research on how to fix these problems then propose reforms to P.
Eg, Consumer Rights Act 2015 implemented many of the changed the LC suggested
Describe the Parliamentary Law Making Process
Begins with a bill. Initialy a green paper; this is a consultation phase which sets out general aims/ invites responses.
Turns into white paper- firm proposal for law
- First reading- title of Bill read to the house
- 2nd reading- minister introducing bill explains the purpose, then debate/ vote taken
- if vote passes, ‘committee stage’- HOC 16-50 MPs examine each clause and think of any problems
- Report stage- committee report back to house with any suggested amendments- debated then final vote
Bill sent to 2nd house, process repeated- in Hoc the whole house is the committee
Any amendments, passed back to OG house for further changes- ‘ping-pong’
Queen gives Royal assent- only sees title. Bill turns into Act
What are the 4 advantages of using Acts of Parliament/ PLM
P has vast resources so it can consult/ take advice
Can change whole areas of law at once
Made democratically
Must be checked by 3 groups
PLM Pro: P has vast resources which enables it to consult/ take advice before making law
P will consult with many interested parties, experts or arrange national polls to gauge public opinion
Eg; When considering extending drinking hours in pubs, consulted police landlords, alcoholics anonymous to obtain diff views/ be aware of consequences
P has more information to make good laws which few others would be able to gather
However lengthy process- don’t get made for long time
PLM Pro: Can change whole areas of law at once
Due to P supremacy, can amend, make, repeal any laws unlike judges
Eg; before 2006, many different acts dealing w/ freud making law confusing/ complex. 2006 P passed the Freud act which updated/ simplified the Act
Means law can update/ solve problems quickly
P don’t have time to handle all areas of law due to other responsibilities so things don’t get changed
PLM Pro: Made democratically
650 Mps in Hoc are elected, if voting public aren’t happy with laws made by P, won’t vote them back into power
Poll tax, brough in by conservative gov 1990, so unpopular it brought about the resignation of PM Margret Thatcher
If laws reflect what maj want, more likely to be obeyed so democratic process should result in effective laws
By trying to please everyone, P may make complex acts making it hard to apply and ineffective
PLM Pro: Bills must be checked by 3 groups
Process behind making Acts involved HoC, HoL, Monarch
eg. When HoL tried ti oppose the Hunting Bill, Hoc still pushed it through
Means public opinion will be reflected and any problems should be picked up at some point
Goes against separation of powers- Gov have large control over law making, both executive and legislature
What are the 4 disadvantages of PLM/ using acts of Parliament
Lengthy process
Don’t have time to make laws about everything
Acts can be complex
Goes against separation of powers
PLM con: Lengthy process
Various stages from green paper to royal assent with several debated/ potential of ping ping
eg. Many Bills haven’t become Acts as P has run out of time- especially w/ Private bills
Law won’t update quickly, situations aren’t coherent by law for long time
Rigerous process means laws will be better as they’ve been debated and discussed with several interested parties
PLM con: Don’t have time to make laws about everything
P has many functions from dealing with terrorist attacks to Brexit- less urgent matters not handled for a long time
Eg. 1993 Law commission recommended important changed to the 1861 OAPA but despite being acknowledges by lawyers that the law needs reforming, P still not made any changes
Problems with law may not be solved at all, judges need to step in
Matters P deal with are of great importance, makes sense that a democratically elected body prioritise important decisions for society
PLM con: Acts can be complex
P has to deal with issues which have far reaching effects, need to try cover lots of potential situations
Eg. Health and Safety at work act aims to protect workers in modern offices/ old factories though the issues may be v different
Acts are long and very wordy, hard to apply, reduces usefulness unless judges interpret it effectively
Can reform whole areas of law at once, which can solve several problems quicker
PLM con: Goes against separation of powers and gives Gov too much control
Gov are part of Hoc, so both executive and legislature
eg. 2016-17 25/28 Public bills were given royal assent, 8/163 private member bills
Gov has high influence on laws made compared to the rest of P, even though they’re not meant to be responsible for law making
Gov democratically elected so they should have more say that Hol/Monarch
Advantage of Political influences on Parliament
Manifestos make it easy to know what laws each party, meaning public will know what is likely to happen in society. Also Gov majority makes it easy to pass bills
Disadvantage of Political Influences on Parliament
Small majorities and coalitions won’t be able to pass laws too freely
eg. Conservative and Lib dem coalition 2010
New gov may undo old work of government sos laws can change drastically
Advantage of Public Opinion influences on P?
Makes it easy to know which matters are actually important to society
eg. MP expense scandal was met with public outrage and P could see something needed to be done
Disadvantage of Public opinion influencing parliament
P May respond too quick to stop public outcry and make bad/ rushed law
eg. Dangerous Dogs act was made hurriedly and ended up being very ineffective
Media may manipulate public opinion to push for law that suits medias agenda
Advantage of pressure groups influence on Parliament
Can be very large and raise lots of awareness for important cases, and represent the interests of important groups eg BMA
Disadvantage of Pressure groups influence on parliament
Groups may only represent a minority of society, but pressuring P to impose their ideas on majority who don’t want it.
May be 2 opposing groups for the same cause eg pressure groups surrounding the Hunting Act 2004 which makes it impossible for P to figure out laws to make to appease everyone
Advantage of lobbyist influence on Parliament
Can help ensure public policy is made and public money is spent in ways which serve the public interest.
eg, lobbying for environmental groups/ the media led to charging 5p for every plastic bag, reducing plastic waste
Anyone can be a lobbyist and get the attention of parliament
