Acts of Parliament Flashcards

1
Q

Facts ref Acts of Parliament

A

Highest form of law in England
Enacted will of Parliament
Deal with social and economic policy

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2
Q

Features of legislative process

A

Effective
Efficient
Democratic

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3
Q

Four phase of legislative process

A

Proposal
Consultation
Drafting
Enactment

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4
Q

Sources of legislative proposal

A
Government
Advisory agencies
Pressure groups
Individual MPs
EU initiatives, treaty obligations, court rulings
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5
Q

Government legislation proposals

A

Introduce most new legislation - Public Bills
Manifesto content
Routine - finance acts (Budget)
Emergency - Criminal Justice (Terrorism & Conspiracy Act 1998)
Arise from Cabinet discussions
Source - democratically elected, therefore efficient, effective, democratic

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6
Q

Advisory Agencies

A

standing (permanent) - Law Commission, keeps law under review, recommends reforms
ad hoc Royal Commissions - set up by govt to examine matters of public concern

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7
Q

How do advisory agencies work

A

expertise - therefore efficient & effective
consultation = democratic

disadvantage - can be ignored by govt

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8
Q

What do pressure groups do

A
influence via organised lobbying
write to MPs
contact the media
organise marches
run campaigns

Regulated following Nolan Committee on standards in public life 1994

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9
Q

Types of pressure group

A

Cause - Greenpeace

Sectional - TUC, CBI

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10
Q

How do pressure groups work

A

Inform & assist - enhance efficiency & effectiveness
inform & stimulate public debate
Empower weaker groups in society

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11
Q

Disadvantages of pressure groups

A

well resourced groups can achieve disproportionate influence

can distort not enhance democracy

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12
Q

How do individual MPs propose legislation

A

private members bills

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13
Q

Features of private members bills

A
minor
technical
not controversial
lobbied to propose by pressure groups
legislation not dominated by government
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14
Q

Types of bill

A

Private = personal bills

Public

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15
Q

Features of private bill

A

affect only one particular area or organisation

Always start in House of Lords

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16
Q

Features of public Bills

A

intended to affect the whole public
Govt bills sponsored by minister from govt dept
Private members bills from individual MP or Lord

17
Q

Process for Acts of Parliament

A
Green paper
White paper
1st reading
2nd reading
committee stage
report stage
3rd stage

repeated in other House
amendments considered
Royal Assent

18
Q

Features of Green Paper

A
tentative proposals for discussion
consultation documents
tentative
open ended timescales
few firm intentions
19
Q

Features of White Paper

A

policy statements
explanations of proposed legislation
firm proposal for implementation
public consultation

20
Q

Drafting of legislation

A

drafted by Office of Parliamentary Counsel
drafted into a Bill
increasing in volume and complexity
reduced technicality
hence reduced efficiency & effectiveness - open to interpretation by Courts

21
Q

Purpose of 1st reading

A

introduced into the House (usually Commons)
no debate
copies of bill published

22
Q

Purpose of 2nd reading

A

debate on general principles

if defeated in vote, the proceeds no further

23
Q

Purpose of committee stage

A

detailed examination
clause by clause study
individual provisions altered, overall principles remain
MPs often briefed by interested parties ref amendments they would like

24
Q

Purpose of report stage

A

amendments from committee stage are approved or rejected by the whole house
detailed debate
no further amendments allowed

25
Purpose of 3rd reading
often follows immediately after report stage short substantive amendments not permitted if bill approved, bound in green ribbon and sent to Lords, or red ribbon and sent to Commons
26
Second house procedure
repeat of same stages in opposite house (usually Lords) Commons must consider amendments from Lords send to and fro until agreement (Ping pong)
27
details ref Royal Assent
``` only when passed by both Houses receives Royal Assent becomes Act / Statute listed in statute book stays until repealed Head of State (Queen) could technically reject ```