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OCR As Law > legislation > Flashcards

legislation Flashcards

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1
Q

influences on Parliament & on our laws…

A
  • Election manifestos
  • Pressure groups & public opinion & media
  • lobbyists
  • Law Reform agencies
  • Specific events
  • Public enquiries & public opinion & specific reviews
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2
Q

Election manifestos -

A

political parties promise to bring in new laws whether this is to meet changes in society or bring in Laws that people want or maybe to deal with emergency situations like terrorism.

  • The last Conservative Manifesto promised to Get Brexit Done, build more hospitals & stop migration.
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3
Q

Pressure groups & public opinion & media

A

The media also play a role by bringing attention of the public to certain matters & adding weight to it.

Blue Planet TV series drew attention the problem with plastics.

Pressure groups can represent the interests of a particular section of society i.e to promote a particular cause (Greenpeace or Extinction Rebellion or Insulate Britain or Stop the Oil)

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4
Q

Lobbyists -

A

Some people try to persuade individual MPs to support their cause.
Any individual can lobby his MP.
A lot of lobbying is done on behalf of businesses or big charities.

A common form of lobbying is to get an MP to ask a question in Parliament for publicity.

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5
Q

Law Reform agencies -

A

the largest & most important is the Law Commission which researches areas of Law that might need to be changed - perhaps to meet changes in society.

Some of their work has led to new law.

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6
Q

Specific events -

A

Terrorism is probably a good example & after 9/11 all cockpit doors on planes had to be reinforced & locked

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7
Q

Most Law is passed by…

A

Parliament

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8
Q

Parliament consists of….

A

the House of Commons and the House of Lords & the Monarch.

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9
Q

The members of the House of Commons are…

A

elected by the public as Mp’s

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10
Q

The House of Lords:

A

It is an UNELECTED chamber & consists of hereditary & life peers & senior bishops in the church of England.
- Life peers bring their expertise to the House of Lords e.g Lord Sugar is an expert in business & he would bring his expertise to any Business laws.

  • The number of hereditary peers has been reduced considerably.
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11
Q

The pre-legislative procedure:

A
  1. First of all a green paper is issued which is a consultative document on a topic in which the Gov view is put forward with proposals for law reform
  2. Interested parties are then invited to send comments to the relevant Government dept so that full consideration of all sides can be made and the necessary changes made to the Government proposals.
  3. Following this the Gov will publish a white with firm proposals for law
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12
Q

When the proposed Act has been drafted it is published and it is called a…

A

When the proposed Act has been drafted it is published and it is called a Bill.

-It will only become an Act of Parliament if it passes all the necessary stages in Parliament.

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13
Q

Private Members Bills

A

Bills can be sponsored by individual MPs.

Relatively few private members bills become law but some have been passed as a result of private members.
- This can be done by ballot or through the 10 minute rule (having a look at it in parliament for 10 minutes)

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14
Q

e.g of private member bill

A

An example is the Marriage Act 1994 which was introduced by Giles Brandreth MP for Chester
allowing people to marry in any registered place and not just a register office or religious building.

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15
Q

A public bill involves matters of…

A

public policy which will affect either the whole country or a large section of it.
- Most of the Government Bills are in this category.

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16
Q

private bills affect only…

A

individual people or corporations

17
Q

example of a private bill…

A
  • RWANDA ACT ONLY AFFECTS IMMIGRANTS COMING IN ON BOATS.
  • University College London Act 1996 which was passed in order to combine the Royal Free Hospital school of medicine, the Institute of Neurology and the Institute of Child Health with University College.
18
Q

In order for a bill to become an Act of Parliament, what has to happen?

A
  • First reading: this is a formal procedure where the name and main aims of the Bill are read out.
    Usually no discussion takes place but there will be a vote on whether the House wishes to consider the Bill further. The vote may be verbal or more formal.
  • second reading: this is the MAIN DEBATE on the whole bill in which MPs debate the principles behind the bill. the debate focuses on the main principles rather than the smaller details. Then a vote is taken. there must be a majority for the bill to progress further.
  • Committee stage: A detailed examination of each clause of the Bill is undertaken by a committee of between 16 and 50 MPs. The members of this committee will usually be those with a special interest in or knowledge of the subject of the Bill.
    Report stage: 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 report 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
  • Third Reading: This is the final vote on the Bill. It is really a formality since the Bill has passed all the stages above and so it’s unlikely to fail at this stage.
  • The House of Lords: If the Bill started life in the Commons it is now passed to the House of Lords where it goes through the same stages listed above. If the House of Lords wishes to make amendments then the Bill will go back to the Commons for it to consider those amendments. If the Bill started in the House of Lords then it passes to the House of Commons.
  • Monarch/Royal assent: Before a bill can become law it needs the Royal assent. This is now a formality and has not been refused since 1707. The act then comes into force at midnight
19
Q

four sick cat run to the milk

A
  • first reading
  • second reading
  • committee stage
  • report stage
  • third reading
  • monarch
20
Q

Advantages of the legislative process…

A
  • Law is made by elected Mps
  • pre legislative phase
  • lengthy process
  • Parliament acts on reports prepared by the Law commission
  • parliamentary sovereignty
21
Q

disadvantages of the legislative process…

A
  • badly written and over elaborate
  • MPs are not specialists in all areas of law
  • undemocratic
22
Q

advantages of law being made by elected MPs?

A
  • democratic
23
Q

advantages of pre legislative phase?

A

like the green paper, it allows there to be consultation.
-this means that interested parties will be invited to make suggestions and comments

  • impact = allows the gov to take into consideration objections and further suggestion
24
Q

advantages of it being a lengthy process?

A
  • this means that the bill goes through many different stages in both houses.
  • lengthy discussions take place meaning that any new law will be thoroughly discussed and scrutinised before coming into force
25
Q

advantages of parliament acting on report prepared by the law commission?

A
  • its likely that the LC would have consulted widely and investigated the state of the existing law and the need for reform
  • the impact of this is that the research is more likely to result in less contentious and better drafted legislation.
26
Q

the advantage of parliamentary sovereignty ?

A
  • means that any law passed by parliament is the highest form of law
  • this again demonstrates democracy in the courts
27
Q

disadvantages of legislation being undemocratic?

A
  • house of lords and the king is not elected
28
Q

disadvantage of legislation being badly written and over elaborate?

A
  • there can be interpretation issues which are difficult to clarify
  • there are many appeals trying to discover the intention of parliament
29
Q

disadvantage of MPs not being specialists in all areas of legislation?

A
  • some pieces of legislation wont receive detailed scrutiny in the house of commons

OCR As Law (24 decks)

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