#Exam 2-Parliamentary Law Making Flashcards
who are all involved with making laws
house of commons
house of lords
the crown
who sit in the house of commons
MPs elected through the first past the post electoral system
how often are general elections
every 5 years
what is a by-election
elections in a constituency where a MP has died or retired
who are in the house of lords
a non-elected body consisting of 92 hereditary peers, 640 life peers and 26 most senior bishops in church of England
the 12 most supreme judges used to sit in the house of lords but now they sit where
in the supreme court
who started the reform of the HoL
the 1997 labour government
what are the 4 influences on parliament
political influence
public opinion/ media
pressure groups
lobbyists
what are political influences
each political party drafts a manifesto before a general election, when elected to government these will be a major influence on the laws it introduces to parliament
what is the medias influence on parliamentary law making
strong public opinion or media reports can lead to a change in the law
how do pressure groups influence PLM
groups with a particular interest can bring issues to the attention to the general public or law makers
an example of a pressure groups influence on law is
when the British Medical Association influenced the 2007 laws to ban smoking indoors
how do lobbyists influence PLM
people meet with MPs in the lobbies of parliament to try and persuade them to support their cause- often through asking a question in parliament
advantages of the political influence to PLM
each political party has its proposals known before a general election
the government who wins the majority means most of its laws are passed
what are the disadvantages of the political influence to PLM
New governments may repeal or alter laws made by previous governments
coalition governments
what are the advantages of Public opinion/ media influence in PLM
Public opinion and the media raise awareness of key social concerns
e.g. the Dunblane massacre mean’t handguns were banned
the UK also has free press so it means they can criticise the government directly
what are the disadvantages of PO/ media influence in PLM
responding too quickly to high profile incidents may lead to a poorly drafted law
media can be accused of manipulating the news to create public opinion
what are advantages of pressure groups influencing PLM
raise an important issue
wide range of issues drawn to parliament’s attention
what are the disadvantages of pressure groups influencing PLM
Trying to impose their will on the majority
pressure groups may have conflicting interests
what are the advantages of lobbyists influencing PLM
Brings issues to Parliament’s attention
anyone is able to lobby their MP
what are the disadvantages of lobbyists influencing PLM
big businesses use professional lobbyists, giving them more influence then general public
led to the cash for questions affair
what is the order of making a bill a law
pre legislative process first reading second reading committee stage report stage third reading same procedure in HoL where it ping pongs between houses Royal Assent
what is involved in the pre-legislative process
green paper
white paper
what is the green paper
document suggesting proposals for law reform
what is the white paper
decisions on how it will reform the law
what happens in the first reading
main aim of the bill is read out
what happens in the second reading
main debate on the bill is taken, must be a majority for the bill to continue any further
what happens in the committee stage
committee of between 16-50 MPs who are specialised or have interest on the bill are on this committee
a full house will sit on finance bills
what happens in the report stage
committees findings reported back to HoC to make amendments, amendments will be debated and sometimes a bill may go straight to the third reading
what happens in the third reading
final vote on the bill, more of a formality as it is so unlikely to fail at this point
what happens when the other house is involved
this is when to goes through first 5 stages above, the lords suggest amendments and it goes through a ping pong stage until both houses are happy
what happens in royal assent
the monarch gives assent to the bill officially making it an act of parliament, the last refusal was in 1707 by queen Anne
what are the 5 types of bill
government bill private members bill public bill private hybrid
what is a government bill
a bill which is introduced by the government
what is a private members bill
a bill introduced by a private MP; typically this will be a public bill
what is a public bill
a bill which involves matters of public policy which affect the general public
what is a private bill
a bill which affects a particular organisation, person or place
what is a hybrid bill
introduced by the government but likely to affect a single organisation, person or place
what are the two ways a private members bill will likely be introduced
by ballot
ten minute rule
what is a ballot
a short explanation and a debate on a bill
What is the most famous law to have been passed through a private member ballot
the abortion act 1967
what is the ten minute rule
any MP can make a speech for the maximum of ten minutes supporting introduction of new legislation.
what are the advantages of the legislative process
democratic- made by elected representatives
full reform-reform whole areas of law, abolish all old acts and bring under new simpler one ( think JP)
broad policy-can set broad policies and the power is given to others, allows for greater detail
consultation-discussed in both houses,and law can only changed through future acts of Parliament
what are the disadvantages of the legislative process
Long process
Limited parliamentary time may stop some laws from being reformed- OAPA
Government control- very few pm bills get through even if they raise a moral issue
Complexity- even modern laws need interpretation and can be confusing to understand
