English Legal System Flashcards
What are the 9 stages of the legislative process?
Green paper
White paper
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1st reading
2nd reading
Committee stage
Report stage
3rd reading
Repeat in HOL
Royal assent
What is the green paper and the white paper?
Green paper:
A law reform consultation document.
To get feedback from MP’s and organisations
White paper:
A document to set out the proposed law reform.
May contain recommendations
What acts allow a rejected bill to become law and how?
Parliament acts 1911 and 1949
Rejected bill becomes law if passed again by the commons in the next session of parliament.
3 Advantages of parliamentary law making
Democratic:
Direct representation of the people
Lengthy and thorough:
well considered,balanced, effective laws.
Allows time for amendments
Pre legislation consultation:
Better public trust and higher legitimacy.
Prevents conflict
3 disadvantages of Parliamentary law making
Time:
Lengthy so not all bills get passed.
Laws will fall by the wayside(forgotten)
Private members bills rarely succeed:
Government will vote down so that they don’t get enough time to be enacted
Long and complex:
Difficult to understand so often appealed
3 elements of parliamentary supremacy
1)Parliament can make laws on any subject
2)No parliament can bind/be bound to its successors
3)No body has the right to override an act of parliament
What puts limitations on parliamentary supremacy
The human rights act 1998
The law will have to be compatible with European Convention Human Rights
Who is in the law reform?
The law commission
A statutory body tasked with reviewing and monitoring the laws to keep them under review
What 4 things does the law commission do?
Reform
Repeal
Consolidation
Codification
What is: Reform
Repeal
Consolidation
Codification
Reform=change laws where needed
Repeal=Remove laws that are no longer relevant so laws are more streamline and efficient
Codification=Review laws and add or change laws if needed
Consolidation=Bring similar laws together to make laws easier to find
3 advantages of the law commission
Expertise:
MP’s not necessarily lawyers, the law commission are highly capable lawyers
Consultation:
Law commission can consult with parties before a suggestion
Whole areas of reform:
Law commission take a holistic approach and consider entire areas of law
2 disadvantages of the law commission
Lack of implementation:
Low rate of implementation
Government changes to the proposals:
Government not bound to accept the law commission’s recommendations
Influences on parliament with examples
Political:
Manifestos, list of reforms to be carried out if elected
Public opinion/media:
Steven Lawrence
Pressure groups:
Snowdrop campaign, ban of handguns after dunblane school massacre
Positives and negatives of all the influences on Parliment
Political:
Positive=Democratic
Negative=Different parties elected then laws will change-inefficient
Public opinion/media:
Positive=For the people
Negative=Rushed so poorly drafted
Pressure groups:
Positive=important issues
Negatives=can promote opposite ideals
What are the costs if a case were to start in county court?
Less than £100,00
(£50,000 for personal injury)
