Parliamentary and European law making (1.1.1)

Question 1

What is a green paper?

Answer 1

An intention to change a law that outlines the format it will take, it is published to the internet and interested parties

Question 2

What is a white paper?

Answer 2

A positive proposal on the format the new law will take, published by parliament

Question 3

What are the 3 key principles of the UK’s unwritten constitution?

Answer 3

1. Parliamentary sovereignty
2. Rule of law
3. Separation of powers

Question 4

Define what parliamentary sovereignty is

Answer 4

A.V. Dicey’s principle that parliament has absolute power and that Acts of Parliament can overrule any other source of law

Question 5

Describe what parliamentary sovereignty means for the UK

Answer 5

Parliament can make/unmake any law without legal constraints, no parliament can bind another act of parliament and no act can be challenged

Question 6

How has A.V. Dicey’s principle been challenged in the UK?

Answer 6

Brexit (EU law used to override UK law, since, it is undetermined how it will influence the UK), The Human Rights Act (1998) and devolution

Question 7

Define devolution

Answer 7

Transference of power from central government to regional/local government (e.g. formation of Welsh parliament)

Question 8

Define what the rule of law is

Answer 8

A. V. Dicey’s principle that the state should govern its citizens in accordance with rules that have been agreed upon

Question 9

What does the rule of law mean for the UK?

Answer 9

No sanction without breach, one law should govern everyone and the rights of individuals are secured by decisions of judges (judicial precedent)

Question 10

How has the rule of law been breached in the history of the law

Answer 10

A conservative MP proposed to ignore a ruling by the European Court of human rights that allows UK prisoners the right to vote

Question 11

Define the separation of powers

Answer 11

State power is separated into executive (government), judicial and legislative - each type exercised by different bodies of people

Question 12

Describe the link between the separation of powers and the Constitutional Reform act (2005)

Answer 12

The Constitutional Reform act (2005) created Supreme Court in order to eliminate the overlap between the judiciary and legislature

Question 13

Describe a private bill

Answer 13

A law designed to affect only individuals or corporations

Question 14

Describe a public bill

Answer 14

Bill involves matters of public policy that will affect the whole country/ a large section of it

Question 15

Private members’ bill

Answer 15

Bill sponsored by mp’s, 20 members chosen to take turn in presenting their bills to parliament - usually covers issues individual mp’s are interested in

Question 16

What are the 7 stages of a bill becoming an Act of Parliament?

Answer 16

1. First reading (house of commons)
2. Second reading
3. Committee stage
4. Report stage
5. Third reading
6. Repeat process (House of Lords)
7. Royal assent

Question 17

Explain the first, second and third reading of a bill in parliament

Answer 17

First: title of prepared bill is read to House of Commons
Second: MP’s debate main principles of the bill, voting wether legislation should proceed
Third (after committee and report stage): no amendments are made, decided wether to reject or accept the bill

Question 18

Explain the committee stage and the report stage in a bill becoming an Act of Parliament

Answer 18

Committee stage: detailed examination of bill, clauses agreed to, edited or removed
Report stage: proposed amendments are debated and voted upon

Question 19

What happens if the House of Lords disagrees with a proposed bill becoming an Act of Parliament?

Answer 19

A ‘ping-ponging’ stage occurs where the House of Lords makes amendments to the bill and it is sent back to the House of Commons where it is debated upon again, process repeats until both houses agree

Question 20

Why are the Parliament acts so important (1911 and 1949)?

Answer 20

1911: House of Lords can no longer stop a bill from becoming an Act of Parliament, but can delay if for 2 years
1949: House of Lords can delay a bill for 1 year

Question 21

Who do MP’s represent in the House of Commons?

Answer 21

Constituencies (areas of the UK, who have voted for that MP)

Question 22

What are the 6 sources of law in the UK?

Answer 22

1) Judicial Precedent
2) Acts of Parliament
3) Delegated Legislation
4) EU law
5) Statutory Interpretation
6) European Convention on Human Rights

Question 23

What makes up the UK legislature (parliament)?

Answer 23

House of Commons
House of Lords
Monarchy

Question 24

What makes up the UK executive?

Answer 24

The government, usually formed by the party that won the most seats in the House of Commons at a general election

Question 25

What makes up the UK judiciary?

Answer 25

The judges

Question 26

What are the methods of law reform?

Answer 26

-Law Commission
-Judicial change
-Parliament
-Pressure groups
-Royal Commission
-Private members bill
-Public inquiries

Question 27

Explain the R v R case (1991) in relation to judicial change

Answer 27

The sexual offences act (2003) was amended to reflect the fact that non-consensual intercourse is rape regardless of marital status

Question 28

How does parliament and the law commission reform the law?

Answer 28

Repeal
Creation
Consolidation
Codification

Question 29

Define repeal

Answer 29

Old/obsolete laws are removed

Question 30

Define creation

Answer 30

Completely new laws are created

Question 31

Define consolidation

Answer 31

Combining the law from several acts of Parliament into one act

Question 32

Define codification

Answer 32

Bringing together all law on one topic into one complete code of law

Question 33

What is the process of law reform in law commission?

Answer 33

1) topic for research is chosen by law commission or referred by government
2) law commission researches law
3) law commission issues consultation paper
4) law commission issues a final report, usually with a draft bill

Question 34

What does the Law commission consist of?

Answer 34

A chairman (high court judge)
4 law commissioners (qualified lawyers)
Support staff

Question 35

Which act reveals the role of the law commission?

Answer 35

Section 3: Law commission act (1965) - ‘Keep under review all the law with a view to its systematic development and reform’

Question 36

Define a consultation paper

Answer 36

Describes the current law, sets out the problems and looks at the options for reform

Question 37

Describe a final report

Answer 37

Positive proposals for reform, sets out the research that lead to the conclusions, often includes a draft bill

Question 38

When the Law commission was first formed (1965) it aimed to reform big sections of law, how has this changed?

Answer 38

The government wouldn’t implement the larger sections so now they focus on smaller sections of law that can be added in later in hopes that the government are more likely to implement it

Question 39

When the Law commission was first formed (1965), they focussed on bigger sections of law, how has this changed?

Answer 39

Government would rarely implement it, so they now codify smaller sections of law that can be added in later in hopes that government are more likely to implement it

Question 40

Explain an act that has been reformed

Answer 40

Consumer rights act (2015) giving consumers the right to reject faulty goods and the right to a refund if they act within a reasonable time

Question 41

What may new acts of Parliament be influenced by?

Answer 41

Unexpected events
The media
Law reform agencies
Public opinion
European convention of Human rights

Question 42

Define what a pressure group is

Answer 42

Organisations which seek to influence the direction of law and policy on the basis of the views and opinions of their members

Question 43

Define interest groups

Answer 43

Represent a particular section of society

Question 44

Define a cause group

Answer 44

Based on shared attitudes or values

Question 45

What tactics can the public and pressure groups use to influence Parliament

Answer 45

Letter writing
Petitions
Lobbying MP’s
Protests
Gain publicity and media attention

Question 46

Pressure groups may be consulted by Parliament in the early stages of law development, what will thus take the form of?

Answer 46

Green or a white paper

Question 47

What is an advantage and disadvantage to pressure groups?

Answer 47

+ Enhances democracy and encourages people to get involved in politics
+ Raises public awareness
- Provides a one sided view
- Some groups advocate direct action, which can be illegal

Question 48

What are Royal commissions?

Answer 48

Temporary committees set up by government to investigate and report on one specific area of law and are dissolved once finished

Question 49

What is an advantage and a disadvantage to royal commissions?

Answer 49

+ Takes evidence from experts in the area concerned as they only focus on one small area
- Can only make recommendations and are not always put into effect