Law Making Flashcards
Bicameral
2 Chamber legislature. Houses at the Palace of Westminster
Legislature
To make a law
House of Lords (Upper House)
760 Members
Mixture of party members appointed for life
Can delay bills but not prevent them
Each law needs Royal Ascent (the Queen’s Approval)
House of Commons (Lower House)
650 elected members
Elections held every 5 years
Members represent parties and PM
Source of all primary legislation and Acts of Parliament
Can override the HOL
Sovereign Power- no higher authority than parliament
Influences on Parliament
Political Influence
Public Opinion
Pressure Groups
Lobbyists
Political Influence
Elections
Political parties publishing manifestos
Public Opinion
Governments will make changes to law if there is string public opinion about it eg: Abortion Act 1967
Pressure Group
A group that campaigns for a specific cause
Lobbyists
An individual who will try to convince politicians to support a specific cause
Pros of Political Influences
Each party has proposals for reform
Know what they wish to do if they are elected as government
Cons of Political Influences
If a different party is elected they may alter laws which can be costly and open to criticisms eg: Coalition Government of 2010-2015
Pros of Public Opinion
The Uk has a free press meaning the press are able to criticise policy and bring any other issues to the attention of the government
Cons of Public Opinion
Government may respond too quickly to high profile incidences resulting a law to be made without a proper thought process eg: Dangerous Dogs Act was a ‘knee jerk’ reaction
Pros of Pressure Groups
Groups that have large memberships such as National Trust can raise an issue of concern to a large number of people
Cons of Pressure Groups
Can be occasions where 2 pressure groups have conflicting interests and want opposing things eg: fox hunt ban
Pros of Lobbyists
Brings issues to the attention of the MPs. This may lead to a debate in parliament
Cons of Lobbyists
Professional lobbyists can lead to the abuse of the process. Eg when MPs are paid to ask questions
Green Paper
When a law is propose the department will issue a Green paper. This is a document outlining the governments proposals
White Paper
Once all these comments have been considered the department may then issue a white paper. This sets out the governments firm proposals
Different types of bills
Acts of Parliament/Statutes
Private Members’ Bills
Private Bills
Hybrid Bills
How does a bill become a law
First Reading
Second Reading- allows MPs to debate and comment on the bill
Committee Stage- specialist examine the bill
Report Stage- Minister will report back to the house with amendments
Third Reading- last opportunity for debate
Royal Ascent- Bill is approved by the Queen as is published as a law
Pros of the legislative process
Democratic
Full Reform- acts of parliament can reform whole areas of law at once
Broad Policy
Consultation- allows government to take into consideration subjections and objections to the proposal
Cons of the legislative process
Lack of time
Long Process
Complexity
Delegated Legislation
Law made by another person or body other than parliament
Types of Delegated Legislation
Order in council- Queen and the Privy Council
Statutory Instrument- Rules and regulations made by ministers in their department
By Laws- laws made by local authorities
Order In Council
Privy Council being the Queen the PM and leading government members. They cover:
Bringing acts of parliament into force
Making Law in times on national emergency
Can update existing laws
Statutory Instruments
Has an enabling act which gives ministers authority to issue declarations eg: Building Regulations (2010) and Police Codes of Practice
How is delegated legislation controlled?
Control by parliament
Control by courts
Control by courts
Ultra Vires is when court deems that DL has 1. Gone beyond the power given by the enabling act 2. The incorrect procedure was used 3. A decision has been made unreasonably eg:
R v. Home Secretary
R v. Swindon NHS Trust
Reasons for Delegated Legislation
Detailed Law- parliament doesn’t have time to go over all detail
Local Knowledge - impossible for parliament to deal with the local requirements of every city and town
Pros of delegated legislation
Saves parliamentary time
Access to technical expertise
Easy to amend
Cons of delegated legislation
Undemocratic
Difficulty wording
Statutory Interpretation
Is the process of interpreting statues. Used by judges to help them interpret the law properly