INFLUENCES SURROUNDING PARLIAMENTARY LAW-MAKING

Question 1

What is Parliament?

Answer 1

It is the main legislative body for the UK which makes Statutes (70+ per year) which is made up of the House of Lords and the House of Commons which can delegate powers and carries out the role of the crown.

Question 2

The House of Commons

Answer 2

It is made up of elected officials called MPs, the majority government which makes up majority if the Commons is elected every 5 years-current is Conservative. Fixed-Term Parliaments Act 2011

Question 3

The House of Lords

Answer 3

It is made up of non-elected officials called Lords like hereditary peers, life peers (nominated by the Prime Minister) and senior bishops. There are 96 hereditary, 640 life and 26 bishops.

Question 4

Political Influence/Parties

Answer 4

1. Before elections parties produce ‘manifestos’.
2. The party with the most seats form the Government.
3. Most laws passed during that time are Government Bills.
4. Government hold majority and so reforms are most likely going to be implemented.
5. Queens speech opens Parliament- sets out laws to be introduced.
   Domestic Abuse Act 2011

Question 5

Advantages of Political Influence/Parties

Answer 5

1. Party with majority voted in by public based on proposals in manifesto- most laws will come into effect by them and what they want.
2. Reflective of societies wishes (electorate).
3. Minority parties have the opportunity to put forward ideas for laws too (influence PLM) through PMB and the ‘Ten-Minute Rule’ e.g. Abortion Act 1967

Question 6

Disadvantages of Political Influence/ Parties

Answer 6

1. Different party may hold majority next election and change laws already passed by the current government- costly and open to criticism.
2. Small Majority Government- restricted in passing laws (May and Brexit Agreement).
3. Coalition government- two parties may not agree on implementation of some laws.

Question 7

Public Opinion/Media

Answer 7

Strong public opinion forces Parliament to react (stronger during times of elections).
Media influences public opinion-modern age social media.
Media brings issues to Parliaments attention.
Can hold Parliament to account if not acting.

Question 8

Advantages of Public Opinion/Media

Answer 8

1. Specific events publicised on the media, news, TV play a role in forming the law e.g. Dunblane Massacre 1996 led to Firearms Amendment Act 1997
2. Media and free press can bring issues to Parliaments attention e.g. Sarah’s Law- registration for pedophiles.
3. Social media provides a platform for discussion (mainly younger voters) and can educate people and issues and changes needed to the law- petitions for Parliament.

Question 9

Disadvantages of Public Opinion/ Media

Answer 9

1. Can cause knee-jerk reaction e.g. Dangerous Dogs Act 1991
2. Media is biased and can manipulate public opinion.
3. Media can cause social unrest and negatively impact the law e.g. ‘name and shame campaign’ (News of the World) against Child Sex Offenders.

Question 10

Pressure Groups

Answer 10

There are two types that bring specific issues relating to the group to the attention of Parliament and the public: Sectional and Casual. They both use group activity to make Parliament reconsider the law and certain areas, e.g. Marriage (Same-Sex Couples) Act 2013

Sectional- Represent interests of a particular section of society e.g. groups of people or professions like Law Society, Trade Unions and often work with Parliament to change laws.

Causal- Exist to promote a particular cause and often disband once cause has been achieved. Examples include Greenpeace, the Anti-Smoking Group.

Question 11

Advantages of Pressure Groups

Answer 11

1. Larger groups can reach a larger number of people- strength in numbers to persuade/pressure Parliament. (the National Trust).
2. They can campaign for equal rights Marriage (Same-Sex Couples) Act 2013
3. Environmental groups force Parliament to made changes to laws to protect environment.

Question 12

Disadvantages of Pressure Groups

Answer 12

1. Some pressure groups only impose own ideas- not representative of society as a whole.
2. Some groups have conflicting opinions like The League Against Cruel Sports and The Countryside Alliance on the ban of fox hunting.
3. Some use illegitimate (illegal) measures to pressure Parliament (not as structured like lobbying) e.g. Fathers For Justice- climbing rooftops.

Question 13

Lobbying

Answer 13

Professional Lobbyists (usually) meet with MPs in the hallways of Parliament to persuade them to suport their cause. They try to get MPs to ask questions in the HOC to attract public attention and try to promote ideas for laws for MPs to put name in ballot for a PMB. It has the most significant impact- structured and legal.

Question 14

Advantages of Lobbying

Answer 14

1. Issues and brought directly to PMs.
2. Professional lobbyists are good at bringing direct issues to Parliament and MPs attention.
3. Anyone can use the system-fair and can lead to laws made in society as a whole’s wishes.

Question 15

Disadvantages of Lobbying

Answer 15

1. Professional lobbying can lead to an abuse of process.
2. MPs have been paid to ask questions in Parliament.
3. Big businesses have bigger influence than ordinary people- not always societies best interests or opinions.

Could be asking for something that is a minority opinion.

Question 16

What is the Law Commission?

Answer 16

The Law Commission is in charge of considering areas for law reform. Consists of a Chairperson (High Court Judge usually) and four Commissioners (barristers, academics) then support staff and Parliamentary draftpersons who draft proposed Bills.

Question 17

How does the Law Commission work?

Answer 17

1. Topics referred to LC by the Law Chncellor on behalf of Government.
2. May select areas themselves to review and seek Government approval to investigate.

Research in area.
Publish a consultation document setting out current law, criticisms relating to that and ideas for reform.
LC draws up positive proposals for reform in a report.
Report is sent to Government with a draft Bill explaining how changes could be implemented.

Question 18

Codification

Answer 18

Brings together law on one topic area into one source of law. LC now only focuses on smaller areas of the law after larger was too difficult (Draft Criminal Code 1985) like Coroners and Justice Act 2009 which enacted the changes to rules of Manslaughter in LC 2006 ‘Murder, Manslaughter and Infanticide’.

AD: Provides certainty and consistency in law.
DISAD: Can make law too rigid and broad allowing for inconsistency in judicial interpretation.

Question 19

Repeal

Answer 19

Repealing an Act means that it ceases to be law. Only Parliament can do this and the LC prepare a Statue Law (Repeals) Bill for Parliament to pass. 3,000 out of date Acts have been completely repealed and parts of thousands have been.

AD: Makes the law or accessible and clearer by this ‘tidying-up’ of the statute book.

Question 20

Consolidation

Answer 20

Brings together multiple Acts on one area of law into one single Act of Parliament. E.g. Education Act 1996.

AD: Aim to make statute law clearer, shorter and more accessible.

DISAD: Can fragment another area as a consequence of the consolidation of an area. (Law and procedure relating to sentencing).
Makes it less accessible and unclear. E.g. Powers of Criminal Courts (Sentencing) Act 200 was further fragmented by Criinal Justice Act 2003 and Legal Aid, Sentencing and Punishment of Offenders Act 2012.

Question 21

The Success of the Law Commission

Answer 21

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Question 22

Advantages of the Law Commission

Answer 22

1. Makes good law.
2. Independence
3. Self-investigation
4. Expertise
5. Research

Question 23

Disadvantages of the Law Commission

Answer 23

1. Consultation
2. Obligation
3. Long and lengthy process
4. Lack of thoroughness
5. Implementation- 1/3 aren’t and sometimes only parts.

ONLY SOME AREAS OF LAW.