Advantages & Disadvantages of Legislative Process

Question 1

Adv; Democratic

Answer 1

• Parliamentary made law reflects the public choice.
• Parliament is answerable to the electorate as there has to be a general election once every 5 years.
• Gov’t can be voted out of office if it hasn’t performed.

Question 2

Adv; Full Reform

Answer 2

• Acts of Parliament can reform whole areas of law into one act.
• Fraud Act 2006 abolished all old offences like deception and created simpler structure of offences.

Question 3

Adv; Broad Policy

Answer 3

• Acts of Parliament broad policies can give powers to others to make laws (DL).
• Adv as general structure is laid down by Parliament but allows greater detail in law than if it just contained an act of parliament.

Question 4

Adv; Consultation

Answer 4

• Before bill is presented there will have to be intereaction on proposed changes to law.
• Allows governments to take into account subjections and objections.
• Green and white paper use makes sure that proposed law has received consultation.
• Bills have to be debated and considered by both HoP, showing new law to be thoroughly discussed before it is made law.

Question 5

DisAdv; Lack of Time

Answer 5

• P’ment doesn’t always have the time or political will to consider all reforms.
• Particularly in contract law or criminal law.
• OAPA 1861 still waiting to be reformed.

Question 6

DisAdv; Long Process

Answer 6

• Even where gov’t introduces bill to P’ment the process still takes ages.
• Different reading, committee and rport stages can take several months.
• The initial bill may be altered several times before it actually becomes an Act of Parliament during the government legislative process.
• This means that the originally planned bill is not as clear and as comprehensive as it should have been.

Question 7

DisAdv; Complexity

Answer 7

• AoP are very long and complex.
• Makes them difficult to understand.
• Many appeal cases at SC deal with interpretation of Acts of Parliament.
• Where detailed law is needed, it isn’t always included.
• It is often necessary for delegated legislation - it may be hard to make this act along with the detailed law.

Question 8

DisAdv; Government Control

Answer 8

• Gov’t in control of parliamentary timetable and allows no time for private members bills that deal with more important moral issues.
• Even if they do get to present bill to parliament, they could be outed very easily if the HoC have a majority vote.
• Results in very few private members’ bills becoming law and few moral issues are legislated upon.