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Law: Paper 1 > Module 2 - Parliamentary law (C3) > Flashcards

Module 2 - Parliamentary law (C3) Flashcards

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1
Q

What is a statute/act?

A

Law formally enacted by Parliament, which has gone through the legislative process and received Royal Assent.

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2
Q

What is a bill?

A

Draft proposal for new legislation/amendment to existing law

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3
Q

What is legislation?

A

Laws formally enacted by a legislative body (i.e. Parliament)

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4
Q

What is a proposal?

A

Formal suggestion or idea put forward for consideration, often as the starting point for new legislation.

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5
Q

What is Green Paper?

A

Consultative government document that outlines potential policy ideas and invites feedback from the public and stakeholders before any firm decisions are made.

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6
Q

What is White Paper?

A

A detailed government report that sets out specific proposals for future legislation, reflecting the government’s intentions following consultation.

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7
Q

What is lobbying?

A

Attempting to influence legislators or government officials to promote or oppose specific policies or pieces of legislation.

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7
Q

What is common law?

A

Law that has developed through judicial decisions and precedent rather than through legislative statutes, forming part of the UK’s unwritten constitution.

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8
Q

What is the Home Secretary?

A

Responsible for the Home Office, overseeing matters of national security, immigration, policing, and criminal justice.

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9
Q

What are some influences on parliamentary law-making?

A
  • The Government’s programme; the manifesto; the King’s Speech
  • European Union law (i.e. Consumer Protection Act 1987)
  • Events and the media (i.e. Dunblane -> Firearms Act 1997,
    9/11 -> Anti-Terrorism, Crime & Security Act 2001)
  • Pressure Groups and Public Opinion (i.e. Disability Discrimination Act 1993, ramps/disabled toilets at establishments)
  • Commissions, enquiries, law reforms (i.e Police and Criminal Evidence Act (PACE) 1984; regulated policing after commission)
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10
Q

What are the four types of bill?

A

Public bill
Private bill
Private Member’s bill
10-minute rule bill

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11
Q

What are the two parts of the pre-legislative process, and explain them.

A

Green Paper = a consultative document with proposals for reform by the government but inviting parties to comment.
Existed since the 1960s but not always issued.

White Paper = the government’s firm proposals for new law (official document sent to Parliament, proposals from Green Paper transferred).

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12
Q

What is a public bill?

A

Matters of public policy affecting the whole country or much of it; majority of government bills

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13
Q

What is a private bill?

A

Matters only affecting individual people or corporations (i.e. UCL Act 1996; funding taken away)

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14
Q

What is the 10 minute rule bill?

A

MP makes speech for 10 minutes to introduce new legislation.

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14
Q

What is a Private Member’s bill?

A

Sponsored by an individual MP; debate is limited

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15
Q

What is the difference between the House of Commons and House of Lords, in terms of members and power?

A

House of Commons
- Most powerful out of the two houses; 650 elected representatives
- Decides new law and tax; party with most MPs runs government

House of Lords
- Second chamber of Parliament; 735 unelected representatives; main role is to double check new proposed laws (i.e. bills)

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16
Q

Why can’t the House of Lords refuse a proposed law, and what can they do instead?

A
  • Powers are limited by the Parliament Act of 1911 and Parliament Act of 1949; can only delay for one year)
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17
Q

What did the passing of the Hunting Act 2004, which banned fox-hunting, decide on the Parliament Act 1949?

A

Argued that the Parliament Act 1949 cannot be used to increase the power of the House of Commons; held, only placed limits on the power of the HoL

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18
Q

What are the stages of the parliamentary process?

A

First Reading; Second Reading; Committee Stage; Report Stage; Third Reading; House of Lords (same procedure); Royal Assent (formality)

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19
Q

Name five acts which can be used to explain the parliamentary process.

A
  • The European Union (Withdrawal) Act 2018
  • The Domestic Abuse Act 2021
  • The Police, Crime, Sentencing and Courts Act 2022
  • The Nationality and Borders Act 2022
  • The Online Safety Act 2023
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20
Q

What is the Law Commission, and when was it founded?

A
  • Founded in 1965
  • Considers areas of law which are believed to be in need of reform
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21
Q

How does the Law Commission select its topics?

A

Topics may be referred by the Lord Chancellor or the commission may itself select areas in need of reform and seek governmental approval to draft a report on them

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22
Q

What is the process in the Law Commission?

A

It researches the area of law and publishes a consultation paper seeking views on possible reform; the paper describes the current law, sets out the problems and looks at the options for reform; after the paper is finished, the commission draws up positive proposals for reforms, which will be presented in a report.

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23
Q

What are the advantages of the Law Commission?

A
  • Areas of law being researched by experts
  • The commission consults before finalising proposals
  • Whole areas of law can be considered
  • If parliament enacts the reform, the law is in one act (easier to understand, for example in the Fraud Act 2006)
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24
Q

What are the disadvantages of the Law Commission?

A
  • Need to wait for government to bring in reform (often very slow)
  • Only effective if government willing to find time to enact reform
  • Only limited time for reform due to other matters being debated in parliament (i.e. health, education, budget, tax)
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25
Q

What is the problem with OAPA (Offences Against The Person Act) 1861?

A

Offences Against the Person Act (OAPA) 1861 - covers GBH, ABH, assault, common assault and battery. Unreformed for 160+ years despite the Law Commission report. Government never proceeded.

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26
Q

What is the political influence on parliamentary law-making?

A
  • All parties publish a manifesto (a list of reforms)
  • A majority parliament often means these reforms will come into practice
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27
Q

What are the advantages of political influence?

A
  • Proposals are ready so the public and the party know what will happen if they win
  • A party with a majority will likely get all reforms through meaning law-making is much more efficient
28
Q

What was the impact of political influence in 2010?

A

In 2010, the LibDems campaigned to abolish tuition fees; due to a Conservative hung parliament, they formed a coalition with the Tory party and gave up many of their reforms which got them voted (i.e. abolishing tuition fees, which ended up being risen to £9000 p.a.); they were then wiped out at the next general election in 2015.

29
Q

What are the disadvantages of political influence?

A
  • A new government may repeal/alter previous government’s law
  • Changes in the law can be costly and open to criticism
30
Q

What acts have the UK government been forced to bring in through EU law?

A

Sex Discrimination Act 1975, 1986

31
Q

What is an advantage of EU law?

A
  • Shows continuity
32
Q

What happened in the Abu Qatada case, in relation to EU law?

A
  • Under EU law, cannot deport somebody to a country which engages in “torture” (Jordan, home country, still had the death penalty) - Qatada used the HRA to block deportation, despite politicians and the UK public wanting him deported; Home Secretary Theresa May obtained signed document from Jordan promising they would not torture him, to get him deported.
32
Q

What are some disadvantages of EU law, and give examples to back them up?

A
  • Some laws are unpopular in the UK (i.e. some points of the HRA and standardising the metric system)
  • Can also clash with UK decisions (i.e. EU ruling in R v R)
33
Q

What is an advantage of the free press, in relation to government policy?

A

Policies and laws are criticised and brought to the attention of the government and public through TV, newspapers, radio, and the internet)

33
Q

When there is a strong view or event which pushes opinion to change to the law, the government may react to it; give one event and subsequent passing of an Act to back this statement up.

A

Dunblane massacre -> Firearms Amendment Act 1997

33
Q

What are the problems with the media, in relation to public opinion and government response?

A
  • Could be seen as media manipulation / fostering public opinion
  • Government responses to specific events could also lead to poorly drafted law
34
Q

What does a pressure group essentially do?

A

Attempt to make the government to reconsider the law on certain areas.

34
Q

What are some disadvantages of pressure groups?

A
  • Could be seeking to impose their ideas
  • May have conflicting ideas and want opposing things; i.e. fox hunting, cruel sports (i.e. ban on boxing, martial arts)
34
Q

What type of bill do pressure groups usually lobby for, and give one example of this type of bill in action?

A

Some pressure groups try to persuade individual MPs to support their case (lobbying), i.e. using a Private Member’s Bill - one example of this is the Private Member’s Bill which allowed dogs on buses

34
Q

What are some advantages of pressure groups?

A
  • Often raise important issues, i.e. environmental groups have made the govt. more aware of our impact
  • Many different groups with different aims
34
Q

Give some examples of pressure groups.

A

Greenpeace, Amnesty International, Just Stop Oil, Extinction Rebellion

35
Q

What is parliamentary supremacy?

A
  • There are no limits on what Parliament can make laws about (e.g 1700 Parliament changed the rule on who should succeed to the throne); even has powers to limit own powers
  • They cannot bind the successor; each new Parliament is allowed to make any law.
36
Q

Give one example of a law which cannot be changed due to its significance.

A

Statute of Westminster 1931, which put forward the decolonisation of the British Empire.

37
Q

When did the UK join the EU?

A
  • UK joins the European Union in 1973, so EU affects our law and political system
37
Q

Give one example of a case which could not be overruled in the courts due to parliamentary supremacy.

A

Pickin (1974); even if a case/Act’s result is a mistake, it cannot be overruled by a court.

38
Q

What 1988 act could not be effective due to EU law?

A

Merchant Shipping Act 1988

38
Q

What can the EU do to a law which they believe goes against the HRA, but which has passed through Parliament; give an example of this happening.

A

All Acts of Parliament must be compatible with the European Convention on Human Rights; courts have the power to declare an Act incompatible with the Convention
- If Parliament goes against the HRA, they can strike it down as Parliament have gone “beyond their power” (i.e. in the Abu Qatada case whose deportation went against the Human Rights Act)

39
Q

When and why was the European Convention of Human Rights created?

A

UN created European Convention of Human Rights post WWII (due to Holocaust); not legally binding (morally binding) but directed regions to have their own Human Rights Act which was legally binding; UK created own HRC within own Parliament

40
Q

What are the differences between how Parliament can alter law against how a judge can alter law?

A
  • A judge can only alter law when a case comes in front of them, unlike in Parliament, where they can alter a law at any time
  • They can also change entire sections of the law, while a judge can only alter a small fraction.
41
Q

What does parliamentary supremacy and sovereignty effectively mean?

A

It is supreme to all other government institutions, including judicial bodies

42
Q

What are the advantages of Parliamentary law-making?

A
  • Made by our elected representatives (MPs)
  • General election every five years (can change the laws from a previous government in a manageable timeframe)
  • Law introduced can reform whole areas of law
  • Consultation stage during the parliamentary process; this process ensures thorough discussion (in theory)
  • Law created is certain as it cannot be challenged; supreme
43
Q

What are the disadvantages of Parliamentary law-making?

A
  • Does not always have the time to deal with reform; OAPA 1861 - Law Commission has proposed changes in 1993 yet change is yet to be considered
  • Acts of Parliament are very long and complex; difficult to understand
  • Many cases go to the Supreme Court to understand what the words in an Act of Parliament actually mean; up to interpretation until actually seen in a case
  • Can also be a problem when an Act is amended which affects another act; all related Acts must be considered, which takes time
44
Q

What happened in British Railways Board v Pickin 1974? (Pickin 1974)

A
  • C bought a few yards of land adjoining a disused railway line for ten shillings in 1969; intention was to gain ownership; an 1836 Act stated that the land would be reverted to the land owner, which was Pickin; however, an 1968 Private Act meant that it actually reverted back to the British Railways Board; Pickin attempted to claim the Act was ineffective but he lost, decision was held; “the idea that a court is entitled to disregard.. an act of Parliament on any ground must seem strange and startling to anyone with any knowledge of the history and law of our constitution” - Lord Reid
45
Q

What is the importance of the Consumer Protection Act 1987, in terms of EU law?

A

It is an example of EU law having an influence on parliamentary law-making

46
Q

What is the importance of the Firearms Amendment Act 1997, in terms of events affecting law?

A

Following the Dunblane massacre; an event being an influence on parliamentary law-making

47
Q

What is the importance of the Anti-Terrorism Crime and Security Act 2001, in terms of events affecting law?

A

Following 9/11; an event being an influence on parliamentary law-making

48
Q

What is the importance of the Disability Discrimination Act 1995, in terms of opinion?

A

An example of pressure groups and public opinion being an influence on parliamentary law making

49
Q

What is the importance of the Police and Crime Evidence Act 1984, in terms of influences?

A

An example of commissions and enquiries having an influence on parliamentary law-making

50
Q

What is the importance of the Hunting Act 2004, in terms of parliament?

A

Banned fox-hunting; in link with the power of the Commons and Lords

51
Q

What is the importance of the Parliament Acts of 1911 and 1949, in terms of power?

A

Placed limits on the House of Lords power

52
Q

What is the University College London Act 1996 an example of?

A

Example of a private bill

53
Q

What is the importance of the Fraud Act 2006, in terms of the law commission?

A

Example of an act updated by the Law Commission; previously, to convict someone of fraud, three theft acts would have to be looked at; this act combined elements of all three into one act to make it easier.

54
Q

What is the importance of the Contract Act 1999 / Land Registration Act 2002, in terms of influence?

A

Example of acts updated by the Law Commission

55
Q

What is the importance of the Sex Discrimination Act 1975, 1986, in terms of influence?

A

Example of acts which were implemented in the UK due to EU ruling

56
Q

What is the importance of the Offences Against the Person Act (OAPA) 1861, in terms of the law commission?

A

Example of an act unreformed for many years despite attempts by the Law Commission

57
Q

What is the importance of the Merchant Shipping Act 1988, in terms of EU law?

A

EU law; introduced to limit British regional and international fishing to certain areas and times of the year, to allow population to remain steady, following the breeding cycle much more rigidly.

58
Q

What are some things that have placed some limitations on parliamentary supremacy?

A
  • Human Rights Act 1998
  • Devolution
  • EU Membership
59
Q

What can Parliament be influenced by?

A
  • Political policies
  • Public opinion/media
  • Pressure groups
  • Law reform bodies, especially the Law Commission.

Law: Paper 1 (10 decks)

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