Acts of Parliament Flashcards

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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
Q

Purpose of 3rd reading

A

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
Q

Second house procedure

A

repeat of same stages in opposite house (usually Lords)
Commons must consider amendments from Lords
send to and fro until agreement (Ping pong)

27
Q

details ref Royal Assent

A
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