Law Making Chp 3

Question 1

Green paper

Answer 1

A consultive document issued by the government putting forward proposals for reform of the law

Question 2

White paper

Answer 2

A document issued by the government stating their decisions as to how they are going to reform the law

Question 3

Bill

Answer 3

The name for a draft law going through parliament before it passes all the parliamentary stages to become an act of parliament

Question 4

Bills put forward by government

Answer 4

Initially drafted by layers in the civil service called the parliamentary counsel to the treasury

Question 5

Private member bills

Answer 5

Can introduce a bill through ballot or through the ten minute rule.
Ballot
Each session 20 members are selected to take turning proposing a bill. E.g abortion act 1967 marriage act 1994
Ten minute rule
Any MP can make a speech of up to ten mins supporting introduction of new legislation. E.g Bail amendment act 1993

Question 6

Government bill

Answer 6

Introduced by government
E.g criminal justice and courts act 2015

Question 7

Private members bill

Answer 7

Introduced by private MP
E,g household waste recycling act 2003

Question 8

Public bill

Answer 8

Involves matter of policy and affects the general public
E.g legal aid, sentencing and punishment act 2012

Question 9

Private bill

Answer 9

Affects a particular organisation person or place
E.g faversham oyster fishery company bill 2016

Question 10

Hybrid bill

Answer 10

Introduced by the government but affects an organisation person or place
E.g crossrail acts

Question 11

Can the House of Lords stop a bill becoming law?

Answer 11

If it passes the House of Commons it goes to the House of Lords to be discussed and amended and voted on. If the House of Lords votes against a law it can still become a law if it goes to back to the House of Commons and passes there due to the Parliament acts of 1911 and 1949 so the lords can delay a bill by one year. Only bypassed House of Lords for the war crimes act 1991, European parliamentary elections act 1999, sexual offences act 2000. Hunting act 2004.

Question 12

What stages does a bill have to go through

Answer 12

First reading-name of bill read out no discussion or vote
Second reading- main debate about principals mps who wish to speak must catch the speakers eye . At the end a vote is taken. Shout out aye or no if it’s clear all in agreement then no need for formal vote. If need to do a formal vote then go out and come back in through one of two doors with tellers positioned at doors to make a list.
Committee stage- detailed examination of each clause undertaken by committee 16-50mps called a standing committee.
Report stage committee report back on changes made to commons. Amendments debated in house
Third reading- final vote on a bill
Then House of Lords -same stages and can make amendments
Royal ascent - only formality due to royal assent act 1967 the monarch will not even have the text to which they are assenting

Question 13

Advantages of law making in parliament

Answer 13

Democratic as created by voted in representatives
Can reform whole areas of law in one act e.g fraud act 2006
Judges can only change the law in very small areas of law
Can set broad policies so can delegate to others
New law thoroughly discussed
Also certain cannot be challenged by the doctrine of parliamentary supremacy

Question 14

Disadvantages of law making in parliament

Answer 14

Parliament does not always have time to deal with reforms proposed
A bill can take a long time to become an act
Very few private members bills become laws
Often long and complex
Complicated when one act amends another

Question 15

Political influence on parliament

Answer 15

Advantages political parties have proposals for reform ready in manifestos and gov normally have majority so can easily pass laws making it efficient
Disadvantages- new ruling parties can then change acts made or have a small majority and not be able to pass laws

Question 16

Public opinion/media influence on parliament

Answer 16

Advantages - public opinion can bring matters to light where new laws are needed. Have a free press so can criticise government and any bad practice.
Disadvantages- gov may make rushed decisions due to public opinion and so might poorly draft law. Media can also manipulate views

Question 17

Sectional pressure groups

Answer 17

Represent interest of particular group of people e.g work groups or professions e.g trade unions

Question 18

Cause pressure group

Answer 18

A pressure group that exists to promote a particular cause. E.g environmental group Greenpeace. Can campaign against gov

Question 19

Lobbying

Answer 19

Persuading individual MPs to join a cause. Can meet mps in small corridors which MPs go through to get to House of Commons.
Advantages- wide range of issues drawn to govs attention
Disadvantages- could be argued that pressure groups are seeking to impose their ideas where majority of population may not think the same things. Also two pressure groups may have conflicting interests.

Question 20

Law commission

Answer 20

An independent body to review the law and propose reform.
Advantages - law is researched by legal experts. Consults before finalising proposals. Whole areas of law are considered.enacting law in an area in one act makes law easier to find and understand.
Disadvantages- Parliament does not implement all proposals

Question 21

Parliamentary supremacy

Answer 21

Parliament can legislate on any subject matter
No parliament can be bound by any previous Parliament nor can any Parliament pass any act that will bind a later government.
No other body has the right to override or set aside an act of parliament.

Question 22

Limitations on parliamentary supremacy

Answer 22

The effect of the humans right act 1998
All acts of Parliament have to be compatible with the European convention on human rights
Devolution
The Scotland act of 1998 nd wales act 1998 have handed down powers to the gobs so can make laws on some matters for their own country without parliaments approval.
Eu membership