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[AQA] A-Level Law (YR1) > ELS - Law making: parliamentary law making (C3) > Flashcards

ELS - Law making: parliamentary law making (C3) Flashcards

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1
Q

A key principle in democracy is that laws should be made by who?

A

The elected representatives of society

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2
Q

Which House is considered a non-elected body?

A

The House of Lords

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3
Q

What three types of members are featured in the House of Lords?

A
  • Hereditary peers
  • Life peers
  • Senior bishops
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4
Q

What is a Green Paper in legal terms?

A

A consultative document issued by the government putting forward proposals for reform of the law

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5
Q

What is a White Paper in legal terms?

A

A document issued by the government stating their decisions as to how they are going to reform the law

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6
Q

What is a Bill in legal terms?

A

The name for a draft law going through Parliament before it passes all the parliamentary stages to become an Act of Parliament

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7
Q

What is a private members’ Bill?

A

A Bill introduced by by MPs and Lords who are not government ministers (often referred to as backbenchers)

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8
Q

Give an example of an Act that started as a private members’ Bill

A
  • Abortion Act 1967
  • Marriage Act 1994
  • Household Waste Recycling Act 2003
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9
Q

What are the two ways a private MP can introduce a Bill?

A
  • By ballot
  • Through the ‘ten-minute’ rule
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10
Q

What is a ballot?

A

A ballot will be allowed each parliamentary session whereby 20 private members can take their turn in presenting a Bill to Parliament.

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11
Q

What is the ‘ten-minute’ rule?

A

Any MP may make a speech of up to 10 minutes supporting the introduction of new legislation.

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12
Q

Give an example of an Act of Parliament that has been introduced via the ‘ten-minute’ rule

A

Bail (Amendment) Act 1993

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13
Q

What is a Public Bill?

A

Bills that will affect either the whole country or a large section of it.

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14
Q

Give an example of an Act that started as a Public Bill

A
  • Legal Services Act 2007
  • Legal Aid, Sentencing and Punishment of Offenders Act 2012
  • Criminal Justice and Courts Act 2015
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15
Q

What is a Private Bill?

A

A Bill that will only affect individual people or corporations, these do not affect the whole community

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16
Q

Give an example of an Act that started as a private Bill

A

Faversham Oyster Fishery Company Act 2017

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17
Q

What is a Hybrid Bill?

A

A cross between Public Bills and Private Bills, introduced by the government and will affect affect a particular person, organisation or place.

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18
Q

What happens if the House of Commons votes against a Bill?

A

That is the end of the Bill

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19
Q

What is the role of the House of Lords?

A

Acts as a check on the House of Commons

20
Q

The power of the House of Lords is limited under what two Acts?

A
  • Parliament Act 1911
  • Parliament Act 1949
21
Q

What is the purpose of the Parliament Acts 1911 and 1949?

A

Limits the power of the House of Lords so that a Bill may become law even if the House of Lords rejects it.

22
Q

Give an example of an occasion where the Parliament Acts 1911 and 1949 were used to pass a Bill the House of Lords rejected

A
  • War Crimes Act 1991
  • European Parliamentary Elections Act 1999
  • Sexual Offences (Amendment) Act 2000
  • Hunting Act 2004
23
Q

List the stages of the parliamentary process

A
  • First reading
  • Second reading
  • Committee stage
  • Report stage
  • Third reading
  • The House of Lords
  • Royal Assent
24
Q

When will an Act come into force following its Royal Assent?

A

On midnight of that day, unless another date has been set

25
Q

What is the main advantage of parliamentary-made law?

A

That it is made by our elected representatives

26
Q

Give an example of an Act that reformed a whole area of law

A
  • Constitutional Reform Act 2015
  • Fraud Act 2006
27
Q

Why is law made by Parliament certain?

A

It cannot be challenged under the doctrine of parliamentary supremacy

28
Q

Name 3 disadvantages of parliamentary law making

A
  • 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
29
Q

Name 3 advantages of parliamentary law making

A
  • 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
30
Q

Why might public opinion / media be a negative political influence?

A

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.

31
Q

Why might public opinion / media lead to poorly made judgements regarding the law?

A

The government may respond too quickly to high-profile incidents (a ‘knee jerk’ reaction), and therefore law may be poorly drafted

32
Q

Give an example of an Act that was poorly drafted in response to public opinion / media

A

Dangerous Dogs Act 1991

33
Q

What are pressure groups?

A

Groups which have a particular interest and will try to bring this to the attention of the general public and the government

34
Q

What are the two types of pressure groups?

A
  • Sectional pressure groups
  • Cause pressure groups
35
Q

What is a sectional pressure group in legal terms?

A

A pressure group that represents the interests of a particular group of people

36
Q

What is a cause pressure group in legal terms?

A

A pressure group that exists to promote a particular cause

37
Q

Give an example of an Act that a pressure group made the government revise

A

Hunting Act 2004

38
Q

What is the Law Commission?

A

A permanent panel of legal experts who research areas of law and recommend which laws need to be reformed.

39
Q

Influence: Political. List the Explanation, Advantages and Disadvantages

A

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.

40
Q

Influence: Public opinion / media. List the Explanation, Advantages and Disadvantages

A

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.

41
Q

Influence: Pressure groups. List the Explanation, Advantages and Disadvantages

A

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.

42
Q

Influence: Law Commission, list the Explanation, Advantages and Disadvantages

A

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.

43
Q

What three main points make up Dicey’s definition of parliamentary supremacy?

A
  1. Parliament can legislate on any subject-matter
  2. No Parliament can be bound by any previous Parliament, nor can a Parliament pass any Act that will bind a later Parliament
  3. No other body has the right to override or set aside an Act of Parliament
44
Q

Give an example of a case which highlights parliamentary supremacy and that no other body can overrule Acts of Parliament.

A

British Railways Board v Pickin (1974)

45
Q

Give a brief overview of the British Railways Board v Pickin (1974) case

A
  • 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.’
46
Q

What three limits are there on parliamentary supremacy?

A
  • The effect of the Human Rights Act 1998
  • Devolution (Scotland/Wales Act 1998)
  • EU membership

[AQA] A-Level Law (YR1) (7 decks)

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