Law Making Flashcards
1
Q
Structure of the House of Lords
A
- about 760 members
- appointed for life
- mixture of party members
- the king performs the state opening of parliament here
- can delay bills from becoming law, but cannot prevent bills from becoming law
2
Q
Structure of the House of Commons
A
- 650 elected members
- elections must be held every 5 years
- members represent parties and prime minister and cabinet are usually members
- source of all primary legislation and acts of parliament
- can override the lord in cases of disagreement
- sovereign power
3
Q
Political influence
A
- general elections are usually held every 5 years
- in the election campaign, the political parties will published a list of policy ideas that they will implement if elected to power. This is called a manifesto
- the party with the mist seats in the House of Commons forms the government
- the current government is a conservative government. This means that the conservatives have a majority of seats in the House of Commons, led by the prime minister
- the king formally opens a new session of parliament each year in which he reads out a speech written by the prime minister. The ‘kings speech’ sets out the governments priorities over the coming year
4
Q
Public opinion/media
A
- governments will sometimes make changes to the law if there is a strong public opinion about it. E.g, a ration act 1967, hunting act 2004
- most likely to do this wen a general election is imminent
- media can also play a major part in influencing parliament. E.g, the recent ‘animal sentience’ provision in the eu withdrawal bill.
5
Q
Pressure groups and lobbyists
A
- groups that have a particular interest
- sectional groups represent a particular section of society - law society, British medical association
- cause groups exist to promote a particular cause - Greenpeace, league against cruel sports
- some individuals or groups attempt to persuade members of parliament to support a particular cause. This is called ‘lobbying’ and usually takes place in the lobbies of Westminster, where the public have access to mps
6
Q
Advantages and disadvantages
A
- political influences
- public opinion
- pressure groups
- lobbyists
7
Q
Political influences - advantages
A
- each political party has its proposals for reform ready so that, if they are elected as the government, they and the electorate know what they wish to do. Also the fact that the government has a majority in the House of Commons means that virtually every law it proposes will be passed. In this was the government is reflecting the majority of the electorate
8
Q
Political influences - disadvantages
A
- there are several disadvantages. If a different party is elected at the next general election, they made decided to repeal or alter some of the laws that previous governments passed. This is because their policies are likely to be quite different from the previous government. Changes in the law in this way can be costly and open to criticism
- where the government has a very small majority particular, when there is a coalition government then there will have to be a compromise on what policies are followed. This happened in the coalition government of 2010-15 where the conservative Liberal Democrat parties joined together to firm the government. It could not be said that the majority of the electorate did not vote for this coalition and the compromise so the government did not reflect the will of the electorate
9
Q
Public opinions advantages
A
- sometimes public opinion will be affected by specific events and these may also play a role in formulating the law.
- the uk has a free pass. This is an advantage as members of the press are able to criticise government policy to bring any other issue to the attention if the government. An example of the media highlighting bad practise was seen in 2009.
- comments on social media can be made as soon as an issue has come to light. This allows the government to consider a law while it is fresh in the public consciousness
10
Q
Public opinions - disadvantages
A
- the government may respond too quickly to high profile incidents. This can lead to law being created too quickly and not thought through, so that the law is poorly drafted. Jo’s was seen with the dangerous dogs act 1991 where the wording in the act led to many disputed cases in the courts and amending the act has to be introduced five years later. The purpose of the act has also failed to protect people from attacks by dangerous as thousands of people need hospital treatment each year.
- in some cases, it can be argued that the media manipulate the news and create public opinion.
11
Q
Pressure group - advantages
A
- some pressure groups have large memberships that can exceed those political parties. These large pressure groups, such as charities, the AA or the national trust, can raise an issue of concern to a large number of people
- pressure groups often raise important issues. Environmental groups have made the govern,ent more aware of the damage being done to our environment by greenhouse gases, fuels and other pollutants
12
Q
Pressure groups - disadvantages
A
- a disadvantage is that it can be argued that pressure groups are seeking to impose their ideas, even where the majority of the public do not support their views. There are also occasions when two pressure groups have conflicting interests and want opposing things. This was seen when the ban against fox hunting was considered. The league against cruel sports wanted it banned, but the countryside alliance wanted to be alliance wanted to be allowed to continue
13
Q
Lobbyists - advantages
A
- lobbyists bring issues to the attention of MPs. This may lead to a debate in parliament, publicity for tje issue and even to a change in the law. Professional lobbyists, particularly those used by pressure groups, are good at presenting the issues in the best way and making a case for the issue
- it is a system that can be used by anyone - individuals and large organisations. There are procedures to allow individuals to have access to their MP for the purpose of lobbying both at parliament and at local constituency level
14
Q
Lobbyists - disadvantages
A
- using professional lobbyists can lead to an abuse of the process. This was especially seen when MPs were paid to ask questions. It means that financially successful businesses or other organisations have more influence that ordinarily members of the public
15
Q
Green and white paper
A
- each government minister is responsible for a specific department and is assisted by a team of civil servants and special advisers
- when a new law is proposed, the department will issue a green paper. This is a consultative document outlining the governments proposals, inviting interested groups to send in comments
- once all of these comments have been considered, the department may then public a white paper. This sets out the governments firm proposals
- sometimes the government skips this process and proceeds straight to draft legislation, although this can sometimes be criticised for being knee jerk or hasty in its approach
16
Q
What is a bill?
A
- a bill is a draft proposal for law
17
Q
Different types of bills
A
- acts of parliament or statutes
- private members bills
18
Q
Acts of parliament / statutes
A
- official government proposal for a new law (act of parliament)
- will be handled by the relative department
- drawn up by the civil service lawyers known as ‘draftsmen’ or ‘parliamentary counsel’
- must accurately represent the governments wishes, but must also be legally accurate
- introduced in parliament by relevant minister
19
Q
Private members bill
A
- can be introduced by any MP or lord from any party as long as they are not government ministers
- selected either by
- ballot
- then minute rile
- time for debate is restricted
- most do not pass
- most are ‘public bills’ as they involve matters of public policy. E.g, abortion act 1967, marriage act 1994
20
Q
Other types of bills
A
Private bills - bills that only affect individual people or corporations, rather than the public at large
Hybrid bills - crooks between a public and private bill. Where a government initiative affects particular people, organisations or places
21
Q
Roles of the House of Commons
A
- since members or parliament are elected by the people, most bills are first introduced here
- once the bill has cleared the different stages in the commons, it then moves into the House of Lords
22
Q
Roles of the House of Lords
A
- the lords are appointed, not elected, so they have less power than the commons
- every bill mist also pass through the House of Lords
- lords can suggest amendments, reject a bill or delay it for up to one year, but they can be overridden by the House of Commons using the parliament acts of 1911 and 1949
23
Q
Legislative stages in the House of Commons and House of Lords
A
- first reading
- second reading
- committee stage
- report stage
- third reading
- the House of Lords
- the role of the crown
24
Q
First reading
A
- this a formal procedure where the name and main aims of the bill are read out. Usually no discussion or vote takes place
25
Q
First reading
A
- this a formal procedure where the name and main aims of the bill are read out. Usually no discussion or vote takes place
26
Q
Second reading
A
- this is when the main debate on the whole bill takes place. MPs can debate the main principles behind the bill. At the end of the debate a vote is taken. The vote may be verbal or formal, in which MPs vote by leaving the chamber and then walking back in through one of two special doors. There will be two ‘tellers’ positioned at each of these two voting doors to make a list of the members voting on each side. These tellers count up the number of MPs who voted for and against and declare these numbers to the speaker in front of the members of the house. There mist be a majority in favour for the bill for it to progress any further
27
Q
Committee stage
A
- at this stage a detailed examination of each clause of the bill is undertaken by a committee of between 16 and 50 MPs. This is usually done by what is called a standing committee, which is chosen specifically for that bill. In such a committee the government will have a majority and the ionisation and minority parties are represented proportionately to the number of seats they have in the House of Commons
- the members of parliament nominated for each standing committee will usually be those with a special interest in or knowledge of the subject of the bill which is being considered. For finance bills the whole house will sit in committee
28
Q
Report stage
A
- at the committee stage amendments to various clauses in the bill may have been voted on and passed, so this report stage is where the committee reports back to the house on those amendments. The amendments will be debated in the house and accepted or rejected
- further amendments may also be added. The report stage has been described as a ‘useful safeguard against a small committee amending a bill against the wishes of the house, and a necessary opportunity for second thoughts’
29
Q
Third reading
A
- this is the final vote on the bill. It is almost a formality since a bill that has passed through all previous stages is unlikely to fail at that late stage. In fact in the House of Commons there will only be an actual further debate on the bill as a whole if at least six MPs request it
30
Q
The House of Lords
A
- if the bill started in the House of Commons, it is now passed to the House of Lords where it goes through the same five stages outlined above. If the House of Lords make amendments to the bill, then it will go back to the House of Commons for them to consider those amendments. If the commons do not accept the lords amendments, then they can send those amendments back to the lords. This sending to and fro can go on for some time and is referred it as ‘ping pong’. It will continue until all the proposed changes have been agreed by both houses
- if the bill starts in the House of Lords it will pass thigh similar stages as the commons, through the committee stage will be of the whole house. Once the bill has passed through the lords it will be passed to the commons and pass through all the stages set out above until it is agreed by both houses
31
Q
The role of the crown court
A
- the final stage is where the monarch formally gives approval to the bill and it then becomes an act of parliament and part of the law of the land. This is now a formality and, under the royal assent act, the monarch will not even have the text of the bills to which she is assenting.
32
Q
Commencement of an act of parliament
A
- once granted royal assent, the act of parliament comes into force at midnight that same day
- in reality, what actually happens is that the minister responsible will issue a commencement date - that is the anticipated time by which the act can be implemented in practise. Civil servants will need time to get the act up and running anyway
- some complicated acts might be implemented in stages
- some acts never come into force
