Evaluation of Legislative Process

Question 1

intro (disavantages)

Answer 1

The Parliamentary Law Making process has come under much scrutiny over the years. H.W.R Wade, a noted writer, referred to it as being ‘in a state of acute malfunction, producing laws which are excessive in quantity and deficient in quality. To a degree, he is correct.

Question 2

DISADVANTAGE NO.1:

Slow

Answer 2

One disadvantage of the law making process is that it is very slow, taking on average a year for a bill to become an Act of Parliament. On average, less than 100 bills go through Parliament each year due to the lengthy process.

In 1993, the Law Commission proposed changes to the Offences Against the Person Act 1861. In 1998, the government produced a draft bill that was never put before Parliament. This is despite the bill being 160 years old and in desperate need of updating.

Question 3

DISADVANTAGE NO.2:

Knee-Jerk Laws

Answer 3

Another disadvantage is that the government may rush a bill through to react to an event in order to remain favourable. This can lead to poorly written laws so it seems like the government have combated the issue.

[Dangerous Dogs Act 1991]

Question 4

DISADVANTAGE NO.3:

Undemocratic

Answer 4

Also, it is argued that the Parliamentary Process is undemocratic. Although members of the HOC are elected, members of the HOL and the Monarch are not.

[Govt may break manifesto pledges and not representative of majority of electorate].

Question 5

DISADVANTAGE NO.4:

Government Dominance

Answer 5

A final disadvantage is that the elected government has ultimate control over the HOC and so can vote down any PMBs that don’t fit their political agenda.

[In 2009 and 2010, only 5 PMBs made it to become Acts if Parliament]

Question 6

intro (advantages)

Answer 6

The Parliamentary Law-Making process has come under much scrutiny over the years. However, it still embodies many advantages over other systems and arguably works well at its job.

Question 7

ADVANTAGE NO.1:

Thorough Scrutiny

Answer 7

One advantage is that there is thorough scrutiny. A bill takes a long time to go through the legislative process because it is subject to thorough scrutiny at every stage.

[Committee Stage and both houses]

Question 8

ADVANTAGE NO.2:

Democratic

Answer 8

Another advantage is that it is democratic. All 650 members of the (HOC) are elected to their constituencies and can be voted out if their constituents do not like the job they are doing. Also, the HOC have more power than the (HOL) as they are unelected

[Lib Dems and tuition fees]

Question 9

ADVANTAGE NO.3:

Broad Policies

Answer 9

Also, acts of parliament contain broad policies. This allows for judges, legal experts, to specify the law and tailor it to certain situations.

[Police and Criminal Evidence Act 1984 sets out broad area of police powers, whilst further detail is contained within 8 Codes of Practice]

Question 10

ADVANTAGE NO.4:

Consolidation

Answer 10

One final advantage is consolidation. Parliament can make acts which consolidate previous acts and gather them into one act.

[Fraud Act 2006 abolished all old offences of fraud/deception]