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law paper two > law making > Flashcards

law making Flashcards

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1
Q

PLM what is parliamentary supremacy

A

when parliament have the most power

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2
Q

PLM what rights so parliament have because of supremacy

A

make change and abolish any laws they want whenever they want

overrule the law

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3
Q

PLM why should the parliament be supreme

A

they are elected. by democracy

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4
Q

PLM who makes up parliament

A

mps lords king

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5
Q

PLM what types of laws does parliament make

A

primary legislation

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6
Q

PLM other than parliament who else makes laws

A

judge, local authority, and public bodies

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7
Q

PLM whos in government

A

ministers, prime ministers, and junior ministers

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8
Q

PLMwho sits in the hoc

A

650 mps

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9
Q

PLM how sits in the hol

A

lords 92 hereditary peers 650 life peers and 26 senior bishops

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10
Q

PLM what are the types of bills

A

private members bills
public bills
private bills

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11
Q

PLM what are private members bills,

A

usually introduces by individual mps who aren’t in government eg abortion act 1967

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12
Q

PLM what are public bills

A

laws on important public matters that affect everyone
eg domestic abuse act

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13
Q

PLM what are private bills

A

law sthat only affect one person

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14
Q

PLM what is the legislative process

A

the process of passing laws

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15
Q

PLM what is the acronym for the legislative process

A

green winged dragons fly slowly circling round the haunted palace remains

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16
Q

PLM what is a green paper

A

the constitution phase of a bill it sets out the general aims of the bill and invites response

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17
Q

PLM what is a white paper

A

a firm consultation for law waiting for further discussion they can still change at this phase

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18
Q

PLM what is a draft bill

A

once white papers are changed lawyers draw up the bill for mps to debate and decide weather or not the law will pass

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19
Q

PLM what is a first reading

A

when the bill is read out to the house of commons

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20
Q

PLM what is the second reading

A

the minister explains the bill
a debate is had on the bill
and a vote is held on the bill. this vote has to be in public and at the house of parliament

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21
Q

PLM what is the committee stage

A

between 16-50 mps examine each clause of the bill and think of any possible problems that could be caused

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22
Q

PLM what is the report stage

A

when the committee reports back to the house with any suggested amendments, they are debated and either accepted or rejected

23
Q

PLM what is a third reading

A

the final vote on the bill

24
Q

PLM what happens in the house of lords after the third reading

A

they repeat all the stages the hoc does but the whole of the hol can be involved in the committee stage

25
Q

PLM what is pingpong in the legislative process

A

the hol can reject and send back the bill if they dont like it and teh improve it and end it back to the hol

26
Q

PLM what is the royal assent

A

when the monarch signes off on th ebill

27
Q

what is icecc

A

issue
cause
example
consequence
counter point

28
Q

LR what is meant by law reform

A

when people introduce law, abolish/ repeal law, or change existing laws.

29
Q

LR why do we need to reform the law

A

because crimes change, things get outdated, time moves on eg technology advances

30
Q

LR what 7 things/ groups/ people can influence law making and reform

A

pressure groups
outdated laws
events
political reasons
law commission
lobbyists
public opinion/media

31
Q

LR politician influences on law reform

A

at general elections the political parties publishes a manifesto which tells the voters what legislation they will introduce if elected.
eg the conservative manifesto 2019”get Brexit done”

32
Q

LR public opinion/media influence on law reform

A

when there is strong public opinion and media coverage the government has to reform laws to deal with it e.g. immigration
polling of the uk public public showed on average 70% of uk citizens wants to reduce immigration
eg immigration act2016 & illegal migration act 2023

33
Q

LR why do public opinion and media go together

A

because they are linked. do we influence the media or does the media influence us.

34
Q

LR what re the two sections of pressure groups

A

sectional and cause

35
Q

LR sectional pressure groups

A

these represent a particular group/ section of society. e.g. the law society represents lawyers interests & the British medical association e.g. health and care bill.

36
Q

LR cause pressure groups

A

focus more on causes rather than groups of people. eg the league against the cruel sport was against fox hunting and this led to the hunting act 2004 and eg insulate Britain and just stop oil.

37
Q

LR lobbyist

A

they try to get MPs to support a cause they try to get MPs to draw attention to the topic to get publicity. MPs are meant to register if they have an interest. e.g. Philip Davis and Owen Patterson

38
Q

LR what is the law commission

A

an independent group of legal expects who find problems within the law and propose reform eg consumer rights act

39
Q

LR what created law commission

A

law commission act 1965

40
Q

LR the chair of the law commission

A

either a high court or appeal court judge appointed to the commission by lord chancellor and secretary of state for justice for up to 3 years eg sir Nicolas green who is being replaces in dec 2023 by sir peter Fraser

41
Q

LR who are the other 4 commissioners

A

others are experiences judges, barrister, solicitors or teachers of law. they are appointed by the lord chancellor and the secretary of state for justice for up to five years although it can be extended

42
Q

LR what does the chief executive do

A

commissioners are supported by a chief executive and about 20 members of the government legal service, two parliament counsel and a number of research assistants

43
Q

LR who else is involved in law commission but you don’t need to know anything about

A

one or two non executive board members in law commission

44
Q

what what act says what the law commission does

A

s3 of the law commissions act 1965

45
Q

what does the s3 of the law commissions act 1965 say

A

lc reviews all areas of law to make systematic reform by codifying the law
consolidating the law
and repealing the law.

46
Q

what is meant by codifying the law and an example

A

bringing together all the laws on one topic into one complete code
eg the lc wants to bring all areas of criminal law together in one cohesive criminal code.

47
Q

what is meant by consolidating the law give two examples.

A

bringing a law that is spread across many cases and statutes into one single act.
- all nfos are spread across oapa and cases which led to the draft bill for nfo in 1998
-family law act 1996, modernised disparate law on divorce and domestica violence.

48
Q

what is meant by repealing a law

A

getting rid of a law that doesn’t need to exist.

49
Q

how many acts have lc repealed

A

more than 3000 act

50
Q

how do that lc make reforms in stages

A

choose and issue
research
consolation
report

51
Q

reform choosing an issue.

A

an area of law is either referred to the lc by the lord chancellor on behalf of the government.
or the lc my chose a topic themselves and seek gov approval.

52
Q

reform research

A

the lc look at cases statutes and academic articles to understand th current state of the law

53
Q

reform consultation

A

after research the lc publish a consultation paper. this will contain a description of the current law and explain the problems and suggest options for reforms often explaining how other countries dealt with the problem

54
Q

report reform

A

based on the responses of the consultation the lc will make a proposa

law paper two (4 decks)

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