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A Level Law OCR > parliament > Flashcards

parliament Flashcards

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1
Q

who is the executive and what do they do?

A

government and they propose the law

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2
Q

who is the legislative and what do they do?

A

parliament and they make the law

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3
Q

who is the judiciary and what do they do?

A

judges and they enforce the law

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4
Q

what did the french 18th century philosopher Montesquieu say about separation of powers

A

all powers of the state could be divided into 3 types and in order for a state to be successful, they must have separate roles and duties so not one branch becomes too powerful.

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5
Q

what are the 3 parts to parliament

A

the monarch, house of commons and the house of lords

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6
Q

how many members of parliament are elected from constituencies throughout the uk at least once every five years

A

650

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7
Q

why does the house of commons have more power now than the house of lords

A

because they are democratically elected

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8
Q

what is the role of the house of commons

A

to scrutinise proposals before making them law or statute

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9
Q

how many ministers does the government consist of

A

100

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10
Q

how many leading ministers will sit in the cabinet

A

20 or so

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11
Q

what is the governments job

A

to suggest policies that it believes will improve the way the country functions to parliament.

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12
Q

how many peers are in the house of lords

A

750

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13
Q

true or false the peer that sit in the house of lords elected

A

false

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14
Q

who selects the peers for the house of lords

A

the prime minister

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15
Q

who appoints the peers for the house of lords

A

the queen

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16
Q

what limited powers do the lords have

A
  1. power to veto a bill is only for one year- parliament act 1949
  2. no powers over money bills
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17
Q

what is the lords job

A

to scrutinise bills as thoroughly as possible and use delaying powers to make the commons think again

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18
Q

on what 4 occasions have the house of lords voted against a bill

A
  1. war crimes act 1991
  2. European parliamentary elections act 1999
  3. sexual offences (amendment) act 2000
  4. hunting act 2004
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19
Q

explain the case of R( jackson and others) v attorney general 2005

A

F: challenge that the hunting act was constitutionally invalid
H: parliament act 1949 merely places limits on the power of the unelected house of lords and did not increase the power of the commons (therefore the hunting act 2004 had been validly enacted)

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20
Q

when was the last time a monarch refused to sign a bill passed by parliament and who was it

A

1707 queen anne

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21
Q

list the 4 influences on parliament

A

political parties
public opinion
pressure groups
lobbyists

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22
Q

how do political parties influence parliament

A

parties publish a list of reforms they would carry out if they were elected as the next government, government have a major say on what new laws will be put before the house of lords for debate, the queens speech announces its plans for new laws in that session

23
Q

how does public opinion influence parliament

A

strong public opinion about a change to the law, the government may bow to such opinion this is mostly towards the end of a term of government wants to remain popular with the majority of people. the media play a large role in bringing public opinion to the government’s attention. where an issue is given a high profile on tv and news then this also brings it to the attention of other members of the public and may add to the weight of public opinion

24
Q

how do pressure groups influence parliament

A

an organisation which seeks to influence policy or protect or advance a particular cause of interest they seek to exercise power from the outside rather than to win or exercise governmental power the members of pressure groups are united by shared beliefs or a common goal.

25
Q

what are sectional pressure groups

A

they aim to protect the interest of their members, represent a section of society, memberships are usually select

26
Q

what are cause pressure groups

A

membership isnt exclusive theyre open to everyone who shares some ideology, promote issues and policies which dont exclusively benefit their members wide variety of methods used.

27
Q

how do lobbyists influence parliament

A

people try to persuade individual members of parliament to support their cause this is called lobbying any individual can lobby but most is done by professionals by charities, businesses or trade associations and has a significant influence on legislation usually to persuade an MP who has won a place in the ballot to promote a bill on the issues that concern the lobbyist.

28
Q

list some advantages to political influences

A

+each political party has its proposals for reform ready so that if they are elected as the government they and the electorate know what they wish to do
+government has a majority in the house of commons which means that virtually every law it proposes will be passed in this way the government is reflecting the majority of the electorate

29
Q

list some disadvantages to political influences

A
  • if a different party is elected at the next general election they may repeat or alter some f the law that the previous government passed which can be costly and open to criticism
  • if government is a small majority may be restricted in what laws it can propose coalition government is where 2 parties have to combine in order to have the majority of MPS there will be a compromise on what policies are followed
30
Q

list some advantages to public opinion

A

+affected by specific events and these may also play a role in formulating the law
+the uk has a free pass advantage as members of the press are able to criticise government policy or bring another issue to the attention of the government
+social media allows government to consider a law while it is fresh in the public consciousness

31
Q

list some disadvantages to public opinion

A
  • government may respond too quickly to high profile incidents this can lead to law being created too quickly and not thought through so it is poorly drafted
  • media can manipulate the news and create public opinion
32
Q

list some advantages of pressure groups

A

+large memberships that can exceed those of political parties can raise an issue of concern to a large number of people
+pressure groups often raise important issues environmental groups have made the government much more aware of the damage being done to our environment by greenhouse gases, fuels and other pollutants.

33
Q

list some disadvantages to pressure groups

A
  • seeking to impose their ideas even where the majority of the public don’t support their views
  • opposing views
34
Q

list some advantages of lobbyists

A

bring issues to attention of mps this may lead to a debate in parliament, publicity for the issue and even to a change in the law. professional lobbyists particularly those used by pressure groups are good at presenting the issues in the best way and making a case for the issue. it’s a system that can be used by anyone individuals and large organisation there are procedures to allow individuals to have access to their mp for the purpose of lobbying both at parliament and at local constituency level

35
Q

list some disadvantages of lobbyists

A

using professional lobbyists can lead to an abuse of the process this was especially seen when mps were paid to ask questions it means that financially successful business or other organisations have more influence then ordinary members of the public

36
Q

explain the government bill

A

introduced by the government e.g. coroners and justice act 2009

37
Q

explain he private members bill

A

introduced by back bench mps ballot and 10 minute rule e.g. abortion act 1967 and bail (amendment) act 1993

38
Q

explain the public bill

A

aimed at the public as a whole e.g. legal aid sentencing and punishment act 2012 - limited who can claim legal aid

39
Q

explain private bills

A

only affect individual people or corporations e.g. faversham oyster fishery company act 2017- changes to the way to company was run

40
Q

explain hybrid bills

A

cross between public and private bills introduced by the government but will only affect a particular person

41
Q

what are the two distinct stages in the life of a bill

A

the whitehall stage and the westminster stage

42
Q

explain what the whitehall stage is

A

the stage where the idea for the bill is being discussed and the early planning is done. often involves consultations with interested parties and it is here that pressure groups will hope to have influence as once the bill has been written it is much more difficult to influence it

43
Q

explain the west minister stage

A

where the bill is presented to parliament so that it can be turned into an act of parliament

44
Q

what is a green paper

A

a consultative document issued by the minister on a topic in which the governments view is put forward with online reform proposals

45
Q

true or false interested parties are invited to send comments to the relevant government department so that a full consideration of all views can be made and necessary changes made to the government’s proposals.

A

true

46
Q

what is a white paper

A

a white paper may be published with it’s firm proposals of new law or will go ahead with draft legislation. sometimes a white paper may be issued instead of a green paper setting out the governments firm proposals for new law before issuing legislation.

47
Q

what type of opportunity will there be to comment on proposals in a white paper

A

limited

48
Q

what happens after the white paper stage

A

parliamentary counsel draft the bill using precise language

49
Q

explain the westminster stage through the house of commons

A 
1st reading 
2nd reading 
committee stage 
report stage 
third reading
50
Q

explain the westminster stage through the house of lords

A 
1st reading 
2nd reading 
committee stage 
report stage 
3rd reading
51
Q

what happens in the westminster stage after the house of lords and commons

A

amendments are considered and the royal assent

52
Q

what are the advantages of the legislative process

A

+democratic
+full reform
+broad policy
+consultation

53
Q

what are the disadvantages of the legislative process

A
  • parliament has little time or political will to consider every reform proposed
  • judges using precedent can only rule on the point of law in the case they are deciding
  • there are so many detailed rules needed that it isnt always possible to include them all in an act of parliament
  • parliament leave little time for private members bills

A Level Law OCR (29 decks)

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