Advantages and Disadvantages of the Legislative Process

Question 1

1. A First Advantage is that the process is Democratic…

Answer 1

A First advantage is that the process is democratic as it is dominated by the elected government (at least every 5 years), with MPs in the House of Commons who are elected to make laws and to represent the views of their constituents. The government is answerable to the electorate and can be voted out of office in a general election. The government controls the timetable for debates, and with a large majority it can pass any legislation it wants by winning the votes at stages such as the Second Reading.

Question 2

2. On the other hand, however… (Undemocratic)

Answer 2

On the other hand however, a Disadvantage is that the process is Undemocratic as neither the House of Lords nor the monarch is elected. Furthermore, although the House of Commons consists of democratically elected MPs, those MPs are persuaded to vote with their party rather than in accordance with the constituents that they represent.

Question 3

3. A Second Advantage is…(Lengthy Consultation)

Answer 3

A Second Advantage is the Lengthy Consultation that takes place with the use of Green and White Papers before a Bill is introduced to Parliament, followed by the debates, scrutiny and consideration of the Bill by both Houses of Parliament. This makes any legislation thorough. Influences on Parliament such as the media, pressure groups and lobbying from the public can have an effect during this period [give examples from ‘influences’ notes below].

Question 4

4. On the other hand however, a Disadvantage is… (Long Process)

Answer 4

On the other hand however, a Disadvantage is that the Long Process is Too Slow. The Bill must go through many stages of consultation then debate in both Houses – First Reading, Second Reading, Committee Stage, Report Stage and Third Reading, which takes many months, and is not appropriate when laws need to be made quickly. The ‘ping pong’ between the Houses takes too much time, and ultimately the House of Lords can even reject the Bill after this lengthy process.

Question 5

5. A Third Advantage is…(Checking/House of Lords)

Answer 5

A Third Advantage is that the House of Lords is an effective checking mechanism, guarding against laws being passed solely to fit the government’s wishes. Peers have considerable expertise and experience, so the quality of debate is very high. The Bill is scrutinised and checked closely, as all 5 stages from the Commons are repeated in the Lords, and ultimately the Bill can be rejected after the ‘ping pong’ of trying to reach agreement.

Question 6

6. On the Other Hand However, A Disadvantage is…(Little Power/House of Lords)

Answer 6

On the other hand however, a Disadvantage is that the House of Lords has Little Power over the government in reality. The government can pass any legislation it wants, known as an “elective dictatorship”, because it can by-pass the House of Lords after one year under the Parliament Acts 1911 and 1949, as with the War Crimes Act 1991 and the Hunting Act 2004.

Question 7

7. A Fourth Advantage is.. (Flexibility/Controversy of New Laws)

Answer 7

A Fourth Advantage is the flexibility provided by the different types of Bill that can be introduced. All MPs and Lords can propose a new law, which is especially useful when the government does not want to introduce controversial laws such as the Abortion Act 1967, which legalised abortion and was introduced as a Private Members’ Bill. A Private Bill is promoted by people or organisations, for example a private Bill became the Manchester City Council Act 2010 which regulated street trading in Greater Manchester. Backbenchers can introduce a Bill under the Ten Minute Rule whereby any MP can make a speech of up to 10 minutes supporting the introduction of new legislation.

Question 8

8. On the Other Hand However, A Disadvantage… (Lack of Parliamentary Time)

Answer 8

On the Other Hand However, A Disadvantage is the Lack of Parliamentary Time given by the government to consider Private Members’ Bills, and all the law reforms that are proposed.

For example, the Law on Non Fatal Offences against the person awaits reform despite Law Commission proposals in 1993 and 2015. The government can vote out any Private Members’ Bill, and the Ten Minute Rule rarely results in new laws.

Question 9

9. However, to counter the above, argument, a final advantage could be that…(Legislative Process Can Be Quick)

Answer 9

However, to counter the above, argument, the Legislative Process can be Quick in Certain Circumstances. For example, the European Union (Withdrawal) (No.2) Act 2019 (the Benn Act), passed all of its stages in less than a week.