ELS - Law making: parliamentary law making (C3) Flashcards
A key principle in democracy is that laws should be made by who?
The elected representatives of society
Which House is considered a non-elected body?
The House of Lords
What three types of members are featured in the House of Lords?
- Hereditary peers
- Life peers
- Senior bishops
What is a Green Paper in legal terms?
A consultative document issued by the government putting forward proposals for reform of the law
What is a White Paper in legal terms?
A document issued by the government stating their decisions as to how they are going to reform the law
What is a Bill in legal terms?
The name for a draft law going through Parliament before it passes all the parliamentary stages to become an Act of Parliament
What is a private members’ Bill?
A Bill introduced by by MPs and Lords who are not government ministers (often referred to as backbenchers)
Give an example of an Act that started as a private members’ Bill
- Abortion Act 1967
- Marriage Act 1994
- Household Waste Recycling Act 2003
What are the two ways a private MP can introduce a Bill?
- By ballot
- Through the ‘ten-minute’ rule
What is a ballot?
A ballot will be allowed each parliamentary session whereby 20 private members can take their turn in presenting a Bill to Parliament.
What is the ‘ten-minute’ rule?
Any MP may make a speech of up to 10 minutes supporting the introduction of new legislation.
Give an example of an Act of Parliament that has been introduced via the ‘ten-minute’ rule
Bail (Amendment) Act 1993
What is a Public Bill?
Bills that will affect either the whole country or a large section of it.
Give an example of an Act that started as a Public Bill
- Legal Services Act 2007
- Legal Aid, Sentencing and Punishment of Offenders Act 2012
- Criminal Justice and Courts Act 2015
What is a Private Bill?
A Bill that will only affect individual people or corporations, these do not affect the whole community
Give an example of an Act that started as a private Bill
Faversham Oyster Fishery Company Act 2017
What is a Hybrid Bill?
A cross between Public Bills and Private Bills, introduced by the government and will affect affect a particular person, organisation or place.
What happens if the House of Commons votes against a Bill?
That is the end of the Bill
What is the role of the House of Lords?
Acts as a check on the House of Commons
The power of the House of Lords is limited under what two Acts?
- Parliament Act 1911
- Parliament Act 1949
What is the purpose of the Parliament Acts 1911 and 1949?
Limits the power of the House of Lords so that a Bill may become law even if the House of Lords rejects it.
Give an example of an occasion where the Parliament Acts 1911 and 1949 were used to pass a Bill the House of Lords rejected
- War Crimes Act 1991
- European Parliamentary Elections Act 1999
- Sexual Offences (Amendment) Act 2000
- Hunting Act 2004
List the stages of the parliamentary process
- First reading
- Second reading
- Committee stage
- Report stage
- Third reading
- The House of Lords
- Royal Assent
When will an Act come into force following its Royal Assent?
On midnight of that day, unless another date has been set
What is the main advantage of parliamentary-made law?
That it is made by our elected representatives
Give an example of an Act that reformed a whole area of law
- Constitutional Reform Act 2015
- Fraud Act 2006
Why is law made by Parliament certain?
It cannot be challenged under the doctrine of parliamentary supremacy
Name 3 disadvantages of parliamentary law making
- Parliament does not always have the time to deal with all the reforms that are proposed
- Acts of Parliament are often very long and complex
- Political influences
Name 3 advantages of parliamentary law making
- Laws are made by our elected representatives
- Acts of Parliament can reform whole areas of law in one Act
- Consultation of Bills in their process to becoming laws
Why might public opinion / media be a negative political influence?
As political parties will be inclined to make decisions that will be popular amongst the majority of people so they will win the next general election.
Why might public opinion / media lead to poorly made judgements regarding the law?
The government may respond too quickly to high-profile incidents (a ‘knee jerk’ reaction), and therefore law may be poorly drafted
Give an example of an Act that was poorly drafted in response to public opinion / media
Dangerous Dogs Act 1991
What are pressure groups?
Groups which have a particular interest and will try to bring this to the attention of the general public and the government
What are the two types of pressure groups?
- Sectional pressure groups
- Cause pressure groups
What is a sectional pressure group in legal terms?
A pressure group that represents the interests of a particular group of people
What is a cause pressure group in legal terms?
A pressure group that exists to promote a particular cause
Give an example of an Act that a pressure group made the government revise
Hunting Act 2004
What is the Law Commission?
A permanent panel of legal experts who research areas of law and recommend which laws need to be reformed.
Influence: Political. List the Explanation, Advantages and Disadvantages
Explanation:
Each political party has its own policies and drafts a manifesto before a general election.
Advantages:
A government majority means that most of the laws it introduces will be passed
Disadvantages:
New governments may repeal or alter laws made by previous governments.
Influence: Public opinion / media. List the Explanation, Advantages and Disadvantages
Explanation:
Strong public opinion can lead to a change in the law.
The media play an important role in highlighting issues of social concern.
Advantages:
Brings the attention of the government to areas of law that need reforming.
Disadvantages:
Responding too quickly to high-profile incidents may lead to poorly drafted law (e.g Hunting Act 2004).
Media manipulating the news and creating public opinion.
Influence: Pressure groups. List the Explanation, Advantages and Disadvantages
Explanation:
Groups that have a particular interest and bring issues to the attention of the general public and the government.
Advantages:
Raise important issues.
Wide range of issues is drawn to the attention of Parliament.
Disadvantages:
Trying to impose their will on the majority.
Pressure groups may have conflicting interests.
Influence: Law Commission, list the Explanation, Advantages and Disadvantages
Explanation:
An independent body to review the law and propose reform.
Advantages:
Law is researched by legal experts.
Consults before finalising proposals.
Whole areas of law are considered.
Disadvantages:
Parliament does not implement all proposals.
What three main points make up Dicey’s definition of parliamentary supremacy?
- Parliament can legislate on any subject-matter
- No Parliament can be bound by any previous Parliament, nor can a Parliament pass any Act that will bind a later Parliament
- No other body has the right to override or set aside an Act of Parliament
Give an example of a case which highlights parliamentary supremacy and that no other body can overrule Acts of Parliament.
British Railways Board v Pickin (1974)
Give a brief overview of the British Railways Board v Pickin (1974) case
- A case highlighting parliamentary supremacy
- Pickin challenged an Act suggesting it had been created upon fraud, however the court is still not entitled to overrule the Act
- ‘A challenge cannot be made to an Act of Parliament even if there was fraud.’
What three limits are there on parliamentary supremacy?
- The effect of the Human Rights Act 1998
- Devolution (Scotland/Wales Act 1998)
- EU membership
