Legislation

Question 1

Why is there a continuous demand fore new and amended laws?

Answer 1

Our society is constantly changing to meet all situations, for example the Coronavirus Act 2020, to deal with the pandemic

Question 2

Why is Judicial Law-making not suitable for major changes?

Answer 2

-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

Question 3

What is the composition of Parliament?

Answer 3

-House of Commons
-House of Lords
-The Monarch
(The supreme-law making body)

Question 4

Give a break down of the composition of the Hose of Commons

Answer 4

-Currently 650 MPs, whoa re democratically elected
-A general election must occur every 5 years

Question 5

Give a break down of the composition of the House of Lords

Answer 5

-Unelected
-Currently 785 lords, including 668 life peers, 91 hereditary peers and 21 Archbishops and Bishops

Question 6

What act enabled women Bishops to sit in the House of Lords?

Answer 6

The Lords Spiritual (women) Act 2015

Question 7

What are life peers and give an example?

Answer 7

Appointed with a lord title for only their life time
e.g Baroness Helen Newlove

Question 8

What are Hereditary peers?

Answer 8

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.

Question 9

What Act separated the judicial branch with the legislature branch?

Answer 9

Constitutional Reform Act 2005

Question 10

What did the Constitutional Reform Act 2005 do?

Answer 10

• 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

Question 11

What are the influences on the law?

Answer 11

-Government Polices
-Law Commission
-Public Opinion/ Media
-Pressure Groups
-Lobbying
-Real Life events

Question 12

How do Government Polices influence the law?

Answer 12

• 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

Question 13

How does the Law Commission influence the law?

Answer 13

-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

Question 14

How does Public opinion/ media influence the law?

Answer 14

-Strong public opinion shared via the media can sometimes lead to changes in the law
Positives: Very powerful and successful in highlighting issues
Negatives: Media can manipulate stories or lead to knee jerk reactions by the government

Question 15

How does Pressure Groups influence the law?

Answer 15

-They can promote the government to recongised the law
e.g The League against Cruel Sports sucessfully campaigned for the banning of fox hunting with dogd (Hunting Act 2004)
Postitives: Raise important issues the media may have overlooked
Negatives: Some pressure groups directly conflict each other and some use poor tatics

Question 16

How does Lobbying influence the law?

Answer 16

-Members of the public can meet their MP in the lobby to raise or ask questions
Positives: Open to anyone = direct link between Parliament and the public
Negatives: can be manipulated by certain organisations and companies and some businesses employ “professional lobbyists” who often gain more access than the public

Question 17

How do Real Life Events influence the law?

Answer 17

• Dog attack in May 1991, following a serious dog attack on a young girl the Dangerous Dog Act 1991 was passed to put restrictions in place regarding ownership
  Postivies: Highlights issues we were previously unaware of
  Negatives: Can promote “Knee jerk” reactions

Question 18

What is a green paper?

Answer 18

-issued by the minister with responsibility for that matter
-consultative document putting forward proposals for reform which interested parties are invited to give their view on
-written in normal english

Question 19

What is a white paper?

Answer 19

-Firm proposal for a new law
-Made neccessary admendments that were suggested in the white paper
-Still allows for changes before formally presented as a bill to Parliament
-written in normal english

Question 20

What is a Public Bill?

Answer 20

-Proposed by a government minister
-Involves a matter of public policy that will affect the entire country
-Most common type of bill that brings change to the general law
e.g The Police and Criminal Evidence Act 1984

Question 21

What is a Private Bill?

Answer 21

-Propsed by local authorties or private companies who want to change the law affecting the groups proposing the new law
e.g University College London Act 1996 (passed to combine 3 medical institutions)

-Also possible for the government to propose a bill that only affects certain people/ organisations = hybrid bill

Question 22

What is a private Members Bill?

Answer 22

-Proposed by individual MPs or peers in the house of Lords
-Can change the alw to affect the whole country or a particular group of people
1) Ballot Bills
- Start of Parliamentary year, all backbench MPs and Lords are invited to enter a ballot. 20 randomly selected and may be introduced as a “ballot bill” on one of the 13 Friday’s allocated for this
-On average 6 are successful each year
e.g Murder (Abolition of the Death Penalty) Act 1965

2) 10 minute Rule Bills
-Any backbencher can make a speech for 10 minutes in support of introducing new legislation, then the hosue decides whether the bill shoul be introduced to Parliament

Question 23

State the Legislative stages in the House of Commons and House of Lords

Answer 23

1) Green Paper
2) White Paper
(needs to turn into bill)
3) First Reading- Brief introduction to bill and its main aims, first vote taken
(declaration of combatability)
4) Second Reading- Main debate of key principles and a vote
5) Committee Stage- Group of MPs check to see of of there needs any amendments
6) Report Stage- Committe reports findings and suggestions to Parliament
7) Third Reading- A final over view of the enitre bill, including any changes
8) Second House- The bill goes to the 2nd house and repeats the process
(Ping Pong could occur)
9) Royal Assent- The bil is passed to monarch for approval, today is jsut a formality, under the Royal Assent Act 1967, Monarch only looks at short title

Question 24

What are the parliament Acts 1911 and 1949?

Answer 24

-Provide a way of sloving problems between the house of commons and house of Lords
-House of Lords acts as a check on the House of Commons and usally agree
-However, until the early 20th century the HL could veto legislation
-The 1911 and 1949 Acts allow for the house of commons to override the house of Lords

-Parliamentary Act 1911= introduced to remove the right of the HL to veto fianance bills completely
-Parliamentary Act 1949= further reduced the HL power by allowing bills to go for royal assent without approval by the HL after 1 year rather than 2. This means that the HL only has the power to delay a bill as it can be re-introduced in the next parliametary session.

Question 25

What is Parliamentary Soverignty?

Answer 25

Av Dicey
1) Parliament can legislate on any topic ( has the power to create law that applies prospectively and retropsectively e.g War Crimes Act 1991)
2) No Parliament can bind another Parliament (each Parliament enjoys the same power as the previous)
3) Nobody can override an act of Parliament (Judges must apply the law and cannot refuse)

Question 26

What are the limitations on Parliamentary Soverienty?

Answer 26

1) Human Rights Act 1998
Under S.3 HRA courts are required to interpret all past and current legislation in a way which is compatiable with the ECHR “as far as it is possible to do so”
e.g Mendoza
Where any act is considered too incompatiable judges may challenge the act under S.4 HRA 1998- a decleration of incompatability
2) Devolution
“the transfer of power from the centre nations and regions of the United Kingdom”
Powers have been granted to:
-Scottish Parliament
-Welsh Parliament
-Northern Ireland Assembly
This process, in theory is reversible as statutes were passed to transfer power abd therefore this acts can be repealed by Parliament
1) Socttish Act 1998
2) Government of Wales Act 1998
3) Northern Ireland Act 1998
-Each devolved body can pass primary and secondary laws in “devolved” areas such as educationa and Health