Law Making Flashcards
1
Q
Name the influences on law making
A
- Political (government party)
- Public opinion and the media
- Pressure groups and lobbyists
- Public inquires and emergency situations
- Law commission
2
Q
How does political (government policy) influence law making?
A
When a government is formed, it has a programme of reforms it wishes to carry out set out in its party manifesto to persuade people to vote for it in the general election.
3
Q
Give an act for political (government policy) influencing law making
A
Human Rights Act 1998 fulfilled a Labour manifesto commitment to incorporate the European Convention on Human Rights into UK law
4
Q
How do public opinion and the media influence law making?
A
Public opinion expressed via the media on TV, newspapers, internet increases public awareness and offers free press. Government keen to respond if a general election is due
5
Q
Give an act for public opinion and the media influencing law making
A
Dangerous Dogs Act 1991 was made in response to multiple news stories reporting fatal attacks by dogs on young children
6
Q
What is a pressure group?
A
A public organisation that brings their issues to the attention of the public and government
7
Q
How do pressure groups and lobbyists influence law making?
A
- Lobbying (persuading) individual MPs to support their cause
- Direct action e.g strikes
- Petitions
- Media and advertising to attract public sympathy
8
Q
Give an act where pressure groups and lobbyists influence law making 🏳️🌈
A
S.28 Local Government Act 1998 that banned promotion of LGBT relationships was repealed after Stonewall’s campaign for LGBT rights
9
Q
How did public inquires and emergency situations influence law making?
A
Public inquiries investigate issues of serious public concern, scrutinising past decisions and events. They are commissioned by the government and are investigated by an independent panel
10
Q
Give a case for public inquiries 🔫
A
Cullen Inquiry investigating the Dublane school shooting resulted in the Firearms (Amendment) Act 1997 banning handguns in the UK
11
Q
Give a case for emergency situations
A
Coronavirus Act 2020 enabled the government to impose a national lockdown to prevent further spread of coronavirus
12
Q
What is Law Commission?
A
Systematically keep all English law under review and recommend reform where it is needed to ensure the law is fair, modern, simple, and cost effective. Created by Law Commissions Act 1965
13
Q
Who does the Law Commission consist of?
A
A chair who is either a High Court or an Appeal Court judge and 4 other Commissioners who are experienced judges, barristers, solicitors, or academics
14
Q
Who are the Law Commission appointed by?
A
The Lord Chancellor and Secretary of State for Justice for up to 5 years (can be extended)
15
Q
What 3 things do the Law Commission do?
A
- Consolidation
- Repeal
- Codification
16
Q
What is consolidation? Give Act
A
Drawing together law that is contained in several Acts of Parliament into one Act so the law is more coherent and accessible e.g Sentencing Act 2020
17
Q
What is repeal? Give Act (monopoly)
A
Advising Parliament to remove outdated or obsolete Acts of Parliament e.g the Statue of Marlborough 1267 passed during the reign of Henry 111
18
Q
What is codification? Give example
A
Brings together all the law on one topic into one complete code of law to make the law simpler and easier to find. In 1985 the law Commission published a draft criminal code including main general principles of criminal law but it has never been implemented
19
Q
How does the Law Commission work?
A
- Topics may be referred by Lord Chancellor on behalf of the government OR the Law Commission itself may select areas of reform
- Law Commission researches the are of law to identify its problems. It may use specialists in the area and/or look at how other legal systems deal with similar problems
- Publish a consultation paper setting out the existing law its its issues, giving arguments for and against possible solutions seeking views
- Analyse responses to consultation and present a report giving its final recommendations and proposals for reform
20
Q
Who has the power to change the law?
A
Parliament
21
Q
Give an act that is a recent success of the Law Commission 💔
A
Divorce, Dissolution and Separation Act 2020 which removed the concept of fault and reduce conflict between separating couples
22
Q
What are the advantages of political influences on law making?
A
- Each political party has its proposals known and ready if they are elected
- A government majority means that most of the laws it introduces will be passed
23
Q
What are disadvantages of political influences on law making?
A
- New governments may repel or alter laws made by previous government
- Difficult for minority or coalition governments to fulfil manifesto commitments- leads to compromises
24
Q
What are advantages of public opinion and the media influencing law making?
A
- Where majority of public has certain beliefs, then Parliament can safely pass law on that issue
- Free press able to criticise government policy or bring issues to attention of the government using public opinion
25
What are disadvantages of public opinion and the media influencing law making?
- Gauging public opinion is notoriously difficult
- Responding too quickly to high profile incidents can lead to poorly drafted law
- Media can be accused of manipulating news and creating public opinion, so called ‘moral panics’
26
What are the advantages of pressure groups?
- Raise important issues drawn to the attention of Parliament e.g damage being done by greenhouse gases and other pollutants
- Wide range of memberships, expertise
27
What are the disadvantages of pressure groups influencing law making?
- Try to impose their ideas on the majority
- Pressure groups may have conflicting interests e.g League Against Cruel Sports supported ban on fox hunting, but Countryside Alliance disagreed
28
What are the advantages of lobbyists influencing law making?
- Lobbyist can represent me present interests direct to government ministers or departments
- Anyone can lobby their MP
- May trigger publicity and/ or debate in Parliament
29
What are the disadvantages of lobbyists influencing law making?
- Professional lobbyists are expensive and may only represent those citizens or groups who can afford to pay for their services rather than general public
- Accusations of dubious and corrupt methods e.g “cash for questions” affair
30
What are the advantages of law commission influencing law making?
- Law Commission are legal experts
- Consultation
- Whole ares of reform
- More than 2/3 of proposals successful
31
What are the disadvantages of law commission influencing law making?
- Some reforms may never be implemented due to a lack of political will
- Lack of parliamentary time to discuss technical law reform
32
Summarise the legislative process stages
1. Pre-legislative process (green and white papers)
2. Bill is drafted
3. First reading
4. Second reading
5. Committee stage
6. Report stage
7. Third reading
8. Same procedures in other House
9. Royal Assent
33
What is a pre-legislative process?
If a change in the law is been considered it will draft ideas for change in draft documents called Green and White papers
34
What is a Green Paper?
An initial consultation document to gain views about proposed new law and inviting suggestions from a variety of interested parties. Amendments may be made in light of feedback
35
What is a White Paper?
A document which sets out the government’s preferred approach to a future piece of legislation. Limited opportunity for comment- this document is information
36
What is a Bill?
When a new law is making its way through the formal stages of becoming an Act of Parliament
37
What is a Public Bill?
These involve matters of public policy affecting the whole country or a large section of it. Most government Bills are in this category
38
Give an act for public bills
Criminal Justice and Courts Act 2015
39
What is a Private Members’ Bills?
These give an opportunity to individual MPs who re not part of government to introduce a Bill
40
Give an act for Private Members’ Bills
Abortion Act 1967
41
What is a Private Bill?
These are designed to create a law which will affect only individual people or corporations. They do not affect the whole community
42
Give an act for Private Members’ Bills
The University College London Act 1996 was passed in order to combine a number of medical schools with University College
43
What are the Legislative stages?
First reading
Second reading
Committee stage
Report stage
Third reading
Repeat process in other House
Royal Assent
44
What is the first reading?
Short title and main aims of the Bill are announced and an order for the Bill to be printed
45
What is the Second Reading?
Main debate about principles of Bill and then a vote is taken. To progress further there must be majority in favour
46
What is the committee stage?
Detailed examination of the Bill is undertaken by a Standing Committee (committee of 15-60 MPs) who can make recommendations for any amendments
47
What is the Report Stage?
After scrutiny by the Committee, they will “report” back any amendments to the House for debate. At the end of the debate there will be a vote on whether to accept these amendments
48
What happens at the Third reading?
Final chance to look at the Bill with all its amendments and decide whether they want it to go further
49
What happens when they repeat process in other House?
Bill is passed to the other house, repeating the same 5 stages above. If either House make amendments, it will go back to the House it started from for them to consider these amendments in a “ping pong” which will continue until all the proposed changes have been agreed by both Houses
50
What happens if the two Houses cannot agree on the amendments?
Under the Parliament Acts 1911 and 1949 the House of Lords can only delay the passage of a Bill by up to one year and not prevent it e.g in the Hunting Act 2004
51
What is Royal Assent?
Final stage where Monarch formally gives approval to the Bill and then it becomes an Act of Parliament
52
Give advantages of the legislate process
- Democratic
- Consultation
- Detailed debate
- Full reform
- Law making power can be delegated to other bodies
53
Advantage of the legislative process: democratic
Parliamentary law is made by elected representatives and gives effect to election manifesto (general election voted for once every five years)
54
Advantage of the legislative process: consultation
Law can be made after detailed enquiry or a report from the Law Commission. Wide consultation is possible before Parliament makes changes to the law e.g use of Green and White Papers allows consultation with interested bodies to amend proposed laws to make them more effective
55
Advantage of the legislative process: detailed debate
Bills are subject to high levels of scrutiny and detailed consideration as they must pass a number of stages in Parliament before becoming law. MPs and Lords from opposing parties will examine and vote on the Bill meaning the scrutiny is balanced, objective and thorough
56
Advantage of the legislative process: full reform (give Act)
Parliament can reform and consolidate whole areas of law in one Act, which makes the law simpler to find. For example, the Fraud Act 2006 which abolished old offences of deception and fraud and created a newer, simpler structure of offences
57
Advantage of the legislative process: law making power can be delegated to other bodies
Acts of Parliament can set broad policies and give power to others (usually government ministers), meaning complex law can be made by relevant experts in the field. This is known as “delegated legislation”. This is an advantage because the general structure is laid down by Parliament but it allows greater detail in the law than if was just contained in an Act of Parliament
58
What are the disadvantages of the legislative process?
- Lengthy process
- Governemnt control
- Lack of Parliamentary time
- Complexity
- Lack of publicity
59
Disadvantage of the legislative process: lengthy process (give acts)
The whole process from a Green Paper to Royal Assent and implementation can take several months, if not years. For example, the Consumer Rights Act 2015 took 14 months from first reading to Royal Assent. There is often a delay in dealing with an issue after a report has been issued. Alternatively, “knee-jerk” legislation may be rushed through to deal with a perceived problem and result in poorly considered legislation e.g the Dangerous Dogs Act 1991
60
Disadvantage of the legislative process: government control
Effective scrutiny of proposed laws is limited because the majority of MPs are from the government and will vote along party lines. Debates, particularly in the House of Commons, can be affected by political agendas rather than genuine debate about the need for new legislation
61
Disadvantage of the legislative process: lack of Parliamentary time
There is not always the time, or political will, to consider all the reforms that are proposed. Legislation may be a comprise between the Commons and Lords to ensure law is passed, rather than in its best form. There is very little time for Private Members’ Bills, which often deal with important moral issues. Although 20 private members are selected from a ballot each parliamentary year to take their turn in presenting a Bill to Parliament, only the first six or seven stand a realistic chance of introducing a Bill on their chosen topic. The “ten minute rule” (any MP can make a speech of up to 10 minutes supporting the introduction of new law) is rarely successful unless there is no opposition to the Bill
62
Disadvantages of the legislative process: complexity
Acts of Parliament are often very long and written in complex language which makes them difficult to understand. There is rarely consolidation or codification of laws on a topic. Different parts of an Act come into force at different times. As a result, there is often the need to read more than one document to find the law on an issue
63
Disadvantages of the legislative process: lack of publicity (give act)
The public should know when the law has changed after an Act has come into effect, but many Acts receive little or no publicity beforehand, e.g the Control of Horses Act 2015 where owners can detain a horse which is on their land without permission
64
What is delegated legislation?
Law made by some person or body other than Parliament, but with the authority of Parliament. That authority is usually laid down in a “parent” Act of Parliament, known as an enabling act
65
What is an enabling act?
Creates the framework of the law and then delegates power to others to make more detailed law in the area
66
Give an example of an enabling Act
Police and Criminal Evidence Act 1984, which gives the Home Secretary powers to make Codes of Practice for the use of police powers
67
What are the types of delegated legislation?
- Order in Council
- Statutory Instrument
- By-law
68
Who is Order in Council made by?
King and Privy Council
69
Who is Statutory Instrument made by?
Government ministers
70
Who made by-laws?
Local authorities
71
What is a Privy Council made up of?
Prime Minister and other leading members of the government
72
What matters can Orders in Council be made on?
A wide range of matters, especially:
- Transferring responsibility between government departments
- Bringing Acts (or parts of Acts) of Parliament into force
- Dealing with some aspects of foreign affairs
- Making law in times of national emergency when Parliament is not sitting e.g Energy Act 1976 to deal with fuel crisis in the early 2000s
73
What else can Orders in Council be used for?
Amending or updating existing law e.g in 2003 an Order in Council was used to alter the Misuse of Drugs Act 1971 to make cannabis a class C drug but 5 years later the Government decided that it had been a mistake to downgrade cannabis and another Order in Council was issued changing cannabis back to a class B drug
74
What are Statutory Instruments?
Ministers and government departments re given authority (under enabling acts) to make regulations for areas under their particular responsibility
75
How many Statutory instruments can be made each year?
Up to 3,000
76
Give an act for Statutory instruments
During the Covid-19 pandemic, the Health Secretary was given powers under the Coronavirus Act 2020 to make lockdown regulations
77
What is a by-law?
Cover matters within their own area
78
What may local by-laws involve?
- When dogs can be exercised on a beach
- Parking restrictions
- Banning drinking alcohol in public places
79
What Act are most local by-laws created under?
Local Government Act 1982
80
What are technical by-laws?
Made by public corporations and certain companies for matters within their jurisdiction, which involve the public
81
Give an example of a technical by-law
South Western Railway can make technical by-laws affecting their network under the Transport Act 2000
82
What must happen to by-laws before they come into force?
They must be “confirmed” (approved by the relevant Secretary of State)
83
Give reasons for delegated legislation
- Detailed law
- Expert knowledge
- Local knowledge
- Consultation
- Speed
84
Reasons for DL: detailed law
Parliament doesn’t have the time to deal with all the rules needed for society to work. Using DL means Parliament has overall control through the use of enabling Acts, of what regulations are passed
85
Reasons for DL: expert knowledge
It is better for Parliament to debate the main principles throughly, but leave the detail to be filled in by those who have expert knowledge of it
86
Reasons for DL: local knowledge
For by-laws, local councils know their own areas and can decide which areas need what. It would be impossible for Parliament to deal with all the local requirements for every city, town and village in the country
