2A.1.2 Advantages / Disadvantages of the Legislative Process Flashcards
Advantages of the legislative process
- Democratic
- Consultation
- Scrutiny
- Parliamentary Soveriegnty
- Knowledge and expertise
Disadvantages of the legislative process
- Undemocratic
- Lack of time
- Government control over process
- Lack of specialism
How is the democratic nature of parliament an advantage of the legislative process?
Law is being made by elected representatives. This means it is democratic. As there has to be a general election at least once every five years, the electorate can vote out any government if it has not performed as the public expected and introduced promised law reforms.
How is consultation an advantage of the legislative process?
Before a Bill is presented to Parliament, there will often have been consultation on the proposed changes to the law such as in Green Papers. This allows the government to take into consideration objections and further suggestions on their original proposals.
How is scrutiny an advantage of the legislative process?
As all Bills have to go through the lengthy discussion process in both Houses of Parliament, especially in committee stages, any new law will have been thoroughly discussed and scrutinised before being brought into force.
How is parliamentary soverignty an advantage of the legislative process?
Under the principle of Parliamentary Sovereignty, law passed by Parliament is the highest form of law. It cannot be questioned and must be applied by judges in their decisions in court. There is a clear separation of powers between the legislature who make laws and the judiciary who apply those laws.
How is knowledge and expertise an advantage of the legislative process?
A government minister introducing law into Parliament will have the full knowledge, support and expertise of their department in the proposal and they will have been consulted in the drafting of the law.
How is the lack of specialism a disadvantage of the legislative process?
MPs are not specialists in all areas of legislation, which may mean that some pieces of legislation will not receive detailed scrutiny in the House of Commons. It is more likely that there will be specialists in the House of Lords who can provide appropriate scrutiny. However, as the will of the Commons will prevail, there is limited likelihood of success of amendments suggested by the House of Lords.
How is the undemocratic nature of parliament a disadvantage of the legislative process?
- the House of Lords is unelected
- the approval of the Crown is undemocratic
- although MPs are democratically elected, they are often obliged to ‘take the whip’ and vote on party lines rather than voting with their conscience or in the interests of their constituents.
How is the lack of time a disadvantage of the legislative process?
- Government and Parliament do not always have the time or inclination to deal with all the reforms that are proposed. This is particularly true of reform of ‘lawyers’ law’ such as areas of criminal law or the law of contract.
- Even where government introduces a Bill into Parliament, the process of it becoming an Act, with all the different readings, committee and report stages, and the possible ‘ping-pong’ between the Commons and the Lords, can take several months.
How is the government control over the process a disadvantage of the legislative process?
The government is in control of the parliamentary timetable, which often allows very little time for considering Private Members’ Bills. Even when a private member does manage to introduce a Bill, it can easily be voted out by the government as they have the majority of seats in the House of Commons. Often a Private Members’ Bill will involve a moral issue such as the right to die. The result is that very few Private Members’ Bills become law.
