Introduction Flashcards
Law making
Parliament makes sure no one is above the law, not even the monarchy
- made in three parts: house of commons/lords and monarch
Law can’t be common law until it is signed by the monarch
Can’t be kicked out of HOL unless you break the law
Constituency
area MP looks after
Structure of parliament
Bicameral (2 chamber legislature - HOC and HOL). Housed at the palace of Westminster which is an officially designated royal residence
House of Lords (upper house)
- about 1000 members, not fixed
- appointed for life (life peers)
- mixture of party members - Gov and Opposition are mirrored in the Lords, ‘crossbenchers’ who didn’t sit w/ parties, 26 archbishops and bishops of C and E and 92 elected ‘hereditary’ peers
- King performs the state opening of parliament here
- can delay bills from becoming law, but can’t prevent bills from becoming law
Bill - proposal for new law
Bill
proposal for new law
House of Commons (lower house)
Most important (reviewed from time to time)
- 650 elected members
- elections must be held every 5 yrs
- members represent parties and the PM cabinet are usually members
- source of all primary legislation and Acts of Parliament
Primary legislation - law passed by parliament, act of parliament
- can override the Lords in cases of disagreement
Sovereign power - no other authority higher than parliament, not even the courts or King
Primary legislation
law passed by parliament, act of parliament
- can override the Lords in cases of disagreement
Sovereign power
no other authority higher than parliament, not even the courts or King
Parliamentary sovereignty
power of parliament to make law on any matter it pleases, it can’t be overruled by courts and there is no higher authority
Power of the King
- can appoint or dismiss the PM
- King appoints whoever wins, but the law says the PM must be invited to form a gov to the King (to be formally recognised as the PM)
However, the King is allowed to decide he wants to change the PM - has to sign and approve all Acts of Parliament
- formally open new parliamentary yr and read a speech written by the PM on govs plans for coming yr
King isn’t allowed in HOC
Influences on parliament
- political influence
- public opinion/media
- pressure groups and lobbyists
Political Influence
- general elections are usually held every 5 yrs (can’t be more than 5 yrs)
- in the election campaign, the political parties will publish a list of policy ideas that will implement if elected to power (manifesto)
- the party w/ the most seats in the HOC forms the government (if they have more than half the seats = majority can lead the country on their own) if not enough they can use a smaller party to form a coalition - mix of both parties
- the current gov is a conservative gov. This means that the conservatives have a majority of seats in the HOC, led by the PM,
Rishi Sunak - the King formally opens a new session of Parliament each yr in which she reads out a speech written by the PM, the ‘King’s Speech’ sets out the govs priorities over the coming yr
Public opinion/media
- govs will sometimes make changes to the law if there is strong public opinion about e.g. Abortion Act 1967 (legalisation of abortion), Hunting Act 2004 (ban using dogs to hunt and kill foxes)
- more likely to do this when a general election is imminent e.g. gov trying to ban disruptive protests or trying to restrict the right to strike
- media (newspapers, tv, social media, radio, internet etc) can also play a major part in influencing Parliament e.g. recent ‘animal sentience’ - the fact that animals can feel pain, mainly about the transportation of animals/killing if animals provision in the EU withdrawal bill
Pressure groups and lobbyists
pressure groups - group of people that a particular interest (represent a cause), divided into:
Sectional group - promote a particular section of society -> Law society (solicitors), British Medical Association (doctors)
Cause groups - promote a particular cause -> Greenpeace League against cruel sports
Some individuals/groups attempt to persuade MPs to support or promote a particular cause, this is ‘lobbying’ to usually take place in the lobbies of Westminster, where the public have access to MPs
A&D of political opinion
A -> Each political party has its proposals for reform ready so that, if they are elected as the gov, they and the electorate know what they wish to do. Also the fact that the gov has a majority in HOC means that virtually every law it proposes will be passed. In this way the gov is reflecting the majority of the electorate.
D -> If a diff party is elected at the next general election, they may decide to repeal or alter some laws that the previous gov passed.
When the gov has a small majority it may be restricted in what laws it can propose. In particular when there is a coalition gov (two parties join to make the majority of MPs in HOC) then there will have to be a compromise on what policies are followed.
This happened in the Coalition Gov 2010-15
A&D of public opinion
A -> Can be affected by a specific event and these may also play a role in formulating the law.
The UK has a free press, this is an advantage as members of the press are able to criticise gov policy or bring any other issue to the attention of the gov.
Comments on social media can be made as soon as an issue has come to light, this allows the gov to consider a law while it is fresh in the public consciousness.
D -> The gov may respond too quickly to high profile incidents. This can lead to law being created too quickly and not thought out, so the law is poorly drafted e.g. Dangerous Dogs Act 1991 where the wording in the act led to many disputed cases.
In some cases it can be argued that the media manipulate the news and create public opinion.
A&D of Pressure groups
A -> Pressure groups often raise imp. issues, environmental groups have made the gov much more aware of the damage being done to our environment. Some pressure groups have large memberships that can exceed those of political parties, there pressure groups, such as charities, the AA or the National Trust can raise an issue of concern to a large no. of ppl.
D -> May not always be looking for things that are in the interest/benefit of everyone.
There are also occasions when two pressure groups have conflicting interests and want opposing things.
