Advantages and disadvantages of PLM Flashcards
ADV: parliament have vast resources which enable them to consult with experts before making the law
-P will consult with many other parties
-E.G when p were considering shortening the drinking hours in pubs they consulted the police, pub landlords, AA and hospitals
-Allows P to gather much more info beofre making important decisions
-However this is a lengthy process
ADV: they can change whole areas of the law at once
-Due to parliamentary supremacy they can make whatever law they want; whereas judges cannot do this
-E.G prior to 2006 the fraud act was very confusing with too many sections so in 2006 p simplified it
-This allows the law to update and solve problems relatively quickly
-However p do not have time to reform all laws meaning OAPA 1861 is still very old
Strength: they are made democratically
ADV: The process behind them involves the House of Commons as well as the House of Lords and Monarch
-This means that three distinct groups can review and
refine the law, but the main power does still lie with the democratic body (the HoC)
-E.G when the HoL tried to oppose the Hunting Bill, the HoC were able to push this Act through
-This means that public opinion will be reflected, but any problems should be picked up at some point in the process.
-However, this arguably goes against separation of
powers because the government have a large control over law making, meaning they are both the executive AND the legislature
DISADV: Parliament’s law making process is very lengthy.
-There are various stages from Green paper to Royal Assent, with several debates and the potential for a Bill to get stuck in ‘Ping-Pong’ between the two Houses.
-There have been many Bills that have never become Acts because P has run out of time
-This means that the law will not update quickly and there may be situations which are not covered by the law for a very long time
-However, this rigorous process means that the laws that do get made will be better, as they will have been debated and discussed with several interested parties
DISADV: Parliament do not have the time to make laws about
everything
-Parliament has many functions, such as dealing with terrorist activities, the finances of the country so less urgent matters may not be handled for a very long time
-E.G In 1993, the Law Commission in 1993 recommended important changes the 1861 OAPA but Parliament have still not made any changes
-However, the issues that Parliament do deal with are matters of great importance, and so it makes sense that they make the most important decisions for society
DISADV: They can be complex
-Parliament has to deal with national issues which often have far reaching effects, they need to try and cover lots of potential situations
-E.G the Health and Safety at Work Acts aim to protect workers in modern offices and very old factory buildings alike even though the issues and requirements may be very different so trying to cover every eventuality makes the Acts long and very wordy
-This can make it hard to apply the law, which reduces its usefulness unless judges can interpret it effectively
-However, this means they can cover broad areas of law sothey can reform whole areas at once, solving several problems quicker than judges could with individual precedents
DISADV: goes against separation of powers and gives the Government too much control of law
-The Government are part of the House of Commons, meaning they are both the executive and legislature
-E.G between 2016 and 2017, 25 of the 28 Public Bills put forward by the Government were given Royal Assent; whereas only 8 of the 163 private members were given royal assent
-The Government has a huge influence on the laws that get made compared to the rest of Parliament, even though it isn’t meant to be the Government that is responsible for law making
-However, at least the government is democratically elected and so they should have more say compared to the House of Lords and the Monarch who are not elected
