Creation Of Legislation Flashcards
Parliament
House of Commons
House of Commons
MP’s sit and participate in the law making process. The Government (Elected MP’s) sit on one side, and the Opposition (Not in Government) sit on the other.
When a party wins an election, their leader goes to Buckingham Palace, where the Queen commands them to form a Government. The Prime Minister (Leader) selects his ‘closest friends’ to become Ministers. Each Minister runs a Ministry.
Bills
The party who’s in Government can submit Bills laying out new Laws they want to pass, these are usually submitted by Ministers. Each Bill goes through a long process where debates and votes are cast. The Government are Guaranteed to win because they have the most seats. When the Bill completes this ‘Passage’ it becomes an Act of Parliament. Acts are also known as Statutes or Legislation.
Parliament
House of Lords
House of Lords
This is the second chamber of Parliament and is independent from the Commons. It is made up of:
Hereditary Peers: Men who inherit title of Lord from their father.
Life Peers: Given ‘Lord’ or ‘Dame’ tile for their lifetime only.
Lord’s Main Roles
- Making Laws: Members spend most time considering Bills. Member examine each line of the Bill before it can become an Act.
- In-Depth Consideration of Policy: Members use their individual experience to investigate public policy. Most of this work is done in select Committees, small groups who look at specific policy areas. In 2012-13, HoL committees produced 36 reports on various subjects.
- Holding Government to Account: Members scrutinsie the work of the Government during Question Time and Debates.
British Constitution
Constitutions orgaise, distribute and regulate State power. Britain is unusual in that it has an Unwritten Constitution, there is no single legal document that sets out the fundamental laws outlining how the state works.
Example of Unwritten Constitution
We have a constitutional Monarchy but the power to make law resides with the Government. Monarch Governs according to rules of the constitution.
3 Arms of State
Parliament: Sovereign power, makes legislation, Queen.
Executive: Ministers-incharge of various institutions, run them according to Laws
Judiciary: Judges, Interpret Acts of Parliament.
All 3 are seperate because no body should have more power than the other.
Parliamentary Supremacy
Parliament enacts law than no other body can challenge. It is the ultimate law making power given to a democratically elected Parliament, who can creat or abolish any law.
Dicey’s View
V.A. Dicey was an Oxford Scholar who wrote a book on the constitution in 1885, he thought that:
- Parliament is Sovereign and can make/unmake any law without legal restraint: E.G. Easter Day Act 1928-fixed date of Easter
- No Parliament can bind another: New Government have different agendas so can make any new decisions they want without being bound by old Government laws.
- No Act can be Challenged by a Court nor its Validity Questioned: E.G. British Rail V Pickin 1974.
Dicey’s Views Are Outdated
- We are EU Members: Must follow EU Law
- We Have HRA 1998: Cannot pass laws that interfere with HR.
Passing A Bill
House of Commons
- 1st Reading: Read out Bill and order Bill to be printed.
- 2nd Reading: Person responsible for Bill opens debate, both sides debate. At end cast vote to see if Bill should pass to next stage.
- Committee Stage: Looks at evidence & experts, makes ammendments, reprints new Bill.
- Report Stage: Whole House discuss Bill, all MP’s can vote and suggest ammendments.
- 3rd Reading: Final debate, goes to other House for reading, votes to approve.
House of Lords
- Same stages as HoC
Consideration of Ammendments: Bill goes back and forth between Houses until it’s passed.
Royal Assent: Queen signs to make Bill into Act.
Inspiration For Legislation
Events
Day to Day activities can lead to an urgent need for new Law e.g. 9/11 Terrorism Act.
Budget
Some Laws must be passed every year e.g. annual budget.
Government Department Consultation
Ministers meet with PM to decide how to solve certain issues, budget etc.
- Green Papers: Gov. Dept. interested in getting Law passed publish Green paper which outlines ideas for law change. It is published on the Internet.
- White Papers: Once comments are recieved on Green Papers, Gov. publish White paper with positive proposal in format the new Law will take.
Treaty Obligations
A new source of insporation comes from our membership of the EU. We are forced to pass new Law to comply with their legislation.
Law Reform Agencies
Organisation established by Government, whose sole job is to investigate areas they think need reform.
Pressure Groups
Cause Groups
Outsiders and Activists e.g. Greenpeace. They cannot be expected to be consulted during policy making and have to work outside Gov. decision making process so have fewer opportunities to contribute to policy. There are 3 categories of Outsiders:
- Outsider hoping to gain Insider status: Wait for change in Political Climate, if this happens they might immediately gain insider status e.g. group working with Opposition.
- New outsider groups: May seek Insider status but have few resources. Government may support them but won’t consult them.
- Outsiders who stay Outside: Opposed to Political system so don’t want to be Insiders. May resort to breaking the Law to get their point across.
Sectional Groups
Insiders. they have strong links with decision makers and are regularly consulted. the Gov. consider them to legitimate and give them access to decision makers.These groups tend to be very powerful and have long term political influence. There are 2 categories of Insiders:
- Institutions within the State: e.g. Church of England & Police Force.
- External groups: Independent organisations such as Trade Unions. They are called upon Gov. when needed to provide expertise. These groups often consult the public and don’t necessarily follow Gov. ideologies so their insider status may change with the Gov. in power.
Pressure Groups
Advantages
Disadvantages
Advantages
- Give Public and Minorities a Voice
- Help MP’s keep in touch with Public Opinion and what they think is important.
- Raise public Awareness of Issues taht affect their cause.
- Members of groups have expertise: Can suggest detailed and well though out law changes.
Disadvantages
- Some grups representing powerful companies are very influential: e.g. Oil companies, it is difficult for smaller groups to match their influence.
- Well organised minorities can have more influence than larger, more representative groups that are less active.
- Some of their methods are a problem. For example; strikes, protests etc. Some extremists may even break the law e.g. attacking scientific labs or homes of individual employees.
Media
Media includes TV, Radio, Newspapers and Journals. Through the Media, issues of public concern can be highlighted. For Example, the Daily mail has often run headlines on immgration and asylum issues in order to try and achieve greater controls.
Example of Influence on Legislation
In 2000, the News of the World campaigned for ‘Sarah’s Law’ following the murder of Sarah Payne by a Paedophile. A letter was printed that the public could sign and send to the Home Secretary. They got the law changed so now all parents in the area must be notified if a child sex offender is living there (If they pose a threat). It was introduced into 327A & B CJA 2003.
Media
Advantages
Disadvantages
Advantages
- Media plays a powerful role in bringing issues to the attention of the Government. It also adds weight to Public Opinion.
- The media, Like Pressure Groups, can also raise public awareness of issues.
- The media appeals to masses, it can present arguements and problems in an easy format that the majority understand.
Disadvantages
- Newspapers often have their own political agenda, e.g. newspaper could print a defamatory story about a party during elections.
- The fact that British newspapers are in the hands of a small number of people is concerning.
- Press traditionally favour conservatives.
- The media has a tendency to overexaggerate issues, e.g. activities of unemployed, Immigrants, asylum seekers etc. Media often wind up public opinion instead of reflecting it.
