Legislation Flashcards
Why is there a continuous demand fore new and amended laws?
Our society is constantly changing to meet all situations, for example the Coronavirus Act 2020, to deal with the pandemic
Why is Judicial Law-making not suitable for major changes?
-It is a reactive power
-Not efficient
-Undemocratic
-May not reflect the wishes of society
-A key principle in our democracy is that laws should be made by the elected representatives of society
What is the composition of Parliament?
-House of Commons
-House of Lords
-The Monarch
(The supreme-law making body)
Give a break down of the composition of the Hose of Commons
-Currently 650 MPs, whoa re democratically elected
-A general election must occur every 5 years
Give a break down of the composition of the House of Lords
-Unelected
-Currently 785 lords, including 668 life peers, 91 hereditary peers and 21 Archbishops and Bishops
What act enabled women Bishops to sit in the House of Lords?
The Lords Spiritual (women) Act 2015
What are life peers and give an example?
Appointed with a lord title for only their life time
e.g Baroness Helen Newlove
What are Hereditary peers?
Previously they would inherit their title and pass it onto their next generation. However, the House of Lords Act 1999 provided that an inherited title should not automatically allow someone to participate in law making. Therefore, in November 1999, no new “hereditary peers” would be introduced.
What Act separated the judicial branch with the legislature branch?
Constitutional Reform Act 2005
What did the Constitutional Reform Act 2005 do?
- Removed the House of Lords court from the house of Lords, to prevent a “fusion” of power, as judges previously could create law and apply law
-Renamed the judicial branch as the Supreme court
What are the influences on the law?
-Government Polices
-Law Commission
-Public Opinion/ Media
-Pressure Groups
-Lobbying
-Real Life events
How do Government Polices influence the law?
- When political parties campaign for votes, they set out a programme of law reform in their election manifesto
Positives:
-Public is aware of what the political party is intending to do, this should heavily guide its legislative proposals during their time in power
Negatives:
-Parliament is under no obligation to fulfil what was stated in their manifesto
How does the Law Commission influence the law?
-This is a full time, independent body that keeps the law under review to ensure its systematic development
Positives:
-Independent body means they are not politically motivated, therefore reforms suggested are going to be for the interest of society
Negatives:
Parliament is under no obligation to implement any proposals
How does Public opinion/ media influence the law?
-Strong public opinion shared via the media can sometimes lead to changes in the law
Positives: