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Law - non substantive > parliament > Flashcards

parliament Flashcards

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1
Q

parliament

A

elected representatives of society
major laws made
house of lords and house of commons

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2
Q

house of commons

A

elected by public
country divided into constituencies and each one votes for a member of parliament
general election every 5 years
by-elections are frequent as MP has to be elected if previous MP died/retired
government formed by political party
government have main say in which acts are passed

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3
Q

house of lords

A

non elected
before 1999:
1100 members - 750 hereditary peers, life peers, judges and bishops
after 1999:
90 hereditary peers
640 life peers
26 bishops
12 most senior judges - removed themselves and created supreme court

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4
Q

hereditary

A

inherited from family

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5
Q

life

A

done good in lifetime

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6
Q

pre-legislative procedure

A

minister responsible for department will draft ideas
may be published in a consultation document
anyone can comment on these ideas

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7
Q

green paper

A

published by minister involved and comments invited

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8
Q

white paper

A

published with firm proposals

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9
Q

what are green and white papers used for?

A

to stop knee jerk reactions like the dangerous dogs act 1991 which is a poorly written law

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10
Q

act is also known as…

A

…a statute

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11
Q

draft is also known as…

A

…a bill

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12
Q

private members bill

A

MP’s who aren’t ministers and can be from a political party

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13
Q

private members bill
introduce through:

A

ballot
10 min rule

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14
Q

ballot

A

20 MPs selected and can put forward their ideas
only debated on a friday so only first 6 or 7 people get heard

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15
Q

10 min rule

A

any MP can make a speech up to 10 minutes introducing their ideas
rarely successful unless there’s no opposition

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16
Q

exception to private members bill not being successful

A

abortion act 1967

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17
Q

parliamentary process
informal

A

green and white papers

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18
Q

parliamentary process
formal

A

first reading
second reading
committee stage
report stage
third reading
house of lords
royal assent

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19
Q

first reading

A

name and main aims read out

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20
Q

second reading

A

main debate
MP’s who wish to speak must catch the speakers eye
at the end a verbal vote is taken
if close formal vote - MP goes through yes/no door

21
Q

committee stage

A

16-50 MPs examine the bill
sit on standing committee and have special interest in the subject
for finance bills the whole house sits on the committee

22
Q

report stage

A

feedback to the house
amendments are made and debated on

23
Q

third reading

A

final vote
usually only a further debate if more than 6 MPs request it

24
Q

house of lords

A

goes through whole process again in H of L
if they wish to make amendments then it starts all over again in first house = parliamentary ping pong

25
Q

royal assent 1967

A

last refused in 1707
bill becomes an act by midnight or the commencement day set

26
Q

influences on parliament

A

law commission 1965
political influences
EU law
public opinion/media
pressure groups

27
Q

pressure groups
sectional

A

represent the particular views of a section of society
government may consult with them when new laws/reforms are made

28
Q

sectional pressure groups
examples

A

law society
teachers union

29
Q

pressure groups
casual

A

promote a particular cause
Greenpeace

30
Q

casual pressure groups
effects

A

may pressure government to change the law
gay rights - reduced age of homosexual consent to 16

may cause government to reconsider passing laws
justice and liberty successfully campaigned to stop the government restricting the right to trial by jury

31
Q

lobbying

A

groups try to pressure individual MP’s
if successful the MP will speak for them in parliament

32
Q

pressure groups
advantages

A

raise importance for the public
raise important issues for the government

33
Q

pressure groups
disadvantages

A

may be seen as imposing their minority needs
2 pressure groups may have conflicting ideas

34
Q

public opinion/media

A

government will bow to public pressure if it is just before a general election
media brings public opinion to the attention of the government
media may dramatize the situation

35
Q

specific events forming the law
positive

A

dunblane massacre 1996 - snowdrop campaign led to the banning of most handguns

36
Q

specific events forming the law
negative

A

dangerous dogs act 1991
government may respond too quickly
very poorly written

37
Q

political influences

A

parties publish their manifestos before elections to make their ideas for new laws and reforms clear
kings speech details which acts they intend to pass in the year

38
Q

political influences
advantages

A

each party has an agenda ready before being elected so everything is planned and ready to go
government has the majority so will get most laws passed, making the process efficient

39
Q

political influences
disadvantages

A

new government means that they may spend their time repealing or altering laws the previous government passed
can be costly and time consuming

40
Q

role of house of commons

A

democratically elected
most bills start here
all finance bills start here
government have the majority so bills introduced here are often passed

41
Q

role of house of lords

A

acts as a check and balance to H of C
if H of L vote against something, it can alert H of C to potential problems
some bills start here
H of L limited by the parliament act 1911 - they can only delay a bill up to a year and a day
4 occasions where H of C has had to force a bill through - Hunting act 2004

42
Q

parliamentary supremacy/sovereignty

A
  1. parliament can legislate on anything
    - parliaments act 1911/1949
  2. no parliament is bound by a past or future
    - statute of Westminster 1931
  3. nobody has the right to override parliament
    - railways board v pickin 1974
43
Q

limitations on parliamentary supremacy

A

EU - removed ourselves through Brexit
Human rights act 1998
Devolution

44
Q

human rights act 1998

A

s4 of HRA means that anyone can challenge a national law if it isn’t compatible with the HRA
H v mental health tribunal 2001 challenged the mental health act 1985

45
Q

devolution

A

Scotland Act 1998 and Wales act 1998
make laws on particular topics without having to consult Westminster
theoretically possible to repeal but would be very unpopular
after recent referendum in Scotland it is likely that more powers will be devolved

46
Q

public bills

A

most bills are public
affect either the whole country or large sections of it
constitution reform act 2005
legal services act 1997

47
Q

private bills

A

only a small number of bills
affect individuals or corporations
white haven harbor act 2007

48
Q

hybrid bills

A

cross between private and public bills
introduced by government but if they become a law they will only affect a particular person, organization or place
cross rail act 2008

Law - non substantive (7 decks)

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