Law Making Flashcards
There are 3 ways in which law is made
- The monarch
- The House of Commons
- The House of Lords
The monarch
- a ceremonial figurehead
- a theoretical source of executive power
- enjoys a right to be consulted during the law-making process
- enjoys a right to ‘encourage’
- enjoys a right to warn
The House of Commons
- 650 members of parliament (MPs) are selected via a general election at least every 5 years by the public to represent them.
- responsible for making laws (legislation)
- debating current issues (representation)
- scrutinising the government
The House of Lords
- approximately 92 hereditary peers (before 1999, there were 1,100 members, 750 were hereditary), 700 life peers, 26 senior Church of England bishops
- the second chamber of parliament responsible for examining bills, questioning government and investigating public policy
- 12 most senior judges previously sat in the lords, but now sit in the Supreme Court
Green paper
A consultative document issued by government, putting forward proposals for law reform. Will often be an ‘invitation’ for suggestions and feedback.
White paper
A document issued by government, stating its decisions as to how it plans to proceed in reforming the law. This is for information, not consultation.
Formal legislative process
While a new law makes its way through the formal stages of becoming an act of parliament, it is known as a bill.
Government bill
Affects the whole country.
Private member’s bill
Introduced by an individual MP and affects the whole country.
Private bill
Affects a particular organisation, person or place.
Hybrid bill
Introduced by the government but only affects an organisation, person or place.
Advantages of law making in Parliament
The elected representative can introduce a new law - this is democratic. Acts of Parliament can also reform whole areas of law in the one act. Consultation is done before a bill is presented, there is consideration in ever part. Law is certain and cannot be challenged under the doctorine of Parlimentary supremacy.
Parliament reforming whole areas of law - example
Fraud Act (2006) - create newer and simpler structure of offences.
Parliament reforming whole areas of law - positives
Judges can only change the law on very small areas. Acts can set broad policies and give power to others to make detailed regulations, allowing greater detail of the law.
Disadvantages of law making in Parliament
There is not always time to deal with all the proposed reformers, particularly true for criminal and contract law. To get a bill to a law, it can take months . Acts are also very long and complex, making them difficult to understand. One Act may also ammend another, meaning that 2 or more acts need to be checked to see what the law is.
No time to deal with proposed reformers - examples
The law on assaults (1861) - proposed change in 1993, still unchanged.
Influences on parliament
- Political parties
- Public opinion/media
- Pressure groups
Political parties
Different parties’ manifesto have different influences on laws.
Public opinion/media
The Government may bow to a strong public opinion.
Pressure groups
Groupd with a particular interest bring matters the generalpublic and Government. There are 2 types of pressure groups:
- sectional pressure groups: represents interests of particular groups of people or professions
- cause pressure groups: promote a particular cause
Lobbying; some pressure groups try to persuade individual MPs to support their cause, members of public can meet MPs in lobbies (small hallways), hence the name.
Law reform bodies
Legal experts studying laws that need change. Recommendations are sent to Parliament and often approved for change.
The process of law making
A bill can start either at the House of Commons or the House of Lords.
1) First Reading
2) Second reading - debates start here on the main principles and small details. Votes also begin here, members scream ‘aye’ or ‘no’; a formal vote can take place in the chambers.
3) Commitee stage - standing commitee
4) Report stage - debate ammendments, ‘usual safeguard against a small committee… and a necessary opportunity for second thoughts.’
5) Third reading - Final vote
6) Same procedure occurs in the House of Lords - the bill goes back and forth between the Houses (ping pong), if new ammendments are disagreed or added on.
7) Royal Assent - The royal assent act (1967) made it so that the Monarch cannot refuse assent.
