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Tort Law 1 > Parliamentary Law Making > Flashcards

Parliamentary Law Making Flashcards

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1
Q

What is a key principle in a democracy?

A

That laws should be made by the elected representatives of society

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2
Q

Who does Parliament consist of?

A

House of Commons, House of Lords and the Monarch

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3
Q

Who sits in the House of Commons?

A

Those elected by the electorate

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4
Q

What is the House of Lords?

A

A non-elected body

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5
Q

Who issues a Green Paper?

A

The Minister with responsibility for that matter

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6
Q

What is a Green Paper?

A

A consultative document on a topic in which the government’s view is put forward with proposals for law reform

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7
Q

What happens when a Green Paper is issued?

A

Interested parties are invited to send comments to the relevant government department so that full consideration of all sides can be made and any necessary changes

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8
Q

What is published after a Green Paper?

A

A White Paper

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9
Q

What is a White Paper?

A

A consultative document with more firm proposals for law reform with a further opportunity to give feedback before the proposals for a new law are formally presented to Parliament

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10
Q

What is a Bill?

A

When the proposed law has been drafted and published

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11
Q

What is a Government Bill?

A

Where it’s a Bill put forward by the government and it will be introduced into Parliament by a government minister

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12
Q

What is a Private Members’ Bill?

A

Where MPs introduce a Bill

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13
Q

What are the two ways in which an MP can introduce a Private Members Bill?

A
  • through the ballot where 20 MPs are selected to introduce a Bill but there’s a time limit so only few have chance to
  • under the ‘ten minute rule’ where any MP can make a speech supporting the introduction of their Bill
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14
Q

What is an example of a Private Members Bill?

A

WASTE RECYCLING ACT 2003 which places local authorities under a duty to recycle waste

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15
Q

What are Public Bills?

A

Bills involving matters of public policy which will affect the general public

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16
Q

What is an example of a Public Bill?

A

DIGITAL ECONOMY ACT 2017

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17
Q

What are Private Bills?

A

Bills which only affect specific individuals or organisations which are introduced by the affected party themselves

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18
Q

What is an example of a Private Bill?

A

LEEDS CITY COUNCIL ACT 2013 which allows Leeds City Council to impose foxes penalties to control street trading in the city

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19
Q

What are Hybrid Bills?

A

Bills which affect the general public and the private interests of specific individuals or groups

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20
Q

What is an example of a Hybrid Bill?

A

Cross rail Bills which allow for the construction of underground rail links in London which’s affect people in that area

21
Q

What happens in the First Reading?

A

The name and main aims of the Bill are read out but no discussion or vote takes place

22
Q

What happens at the Second Reading?

A

There’s the main debate on the principles of the Bill followed by a vote. There must be a majority in favour for the Bill to progress any further

23
Q

What happens at the Committee Stage?

A

A Public Bill committee of between 16 and 50 MPs examine the details of the Bill clause by clause and suggest amendments followed by a vote after hearing evidence

24
Q

What happens at the Report Stage?

A

The Public Bill Committee reports back any amendments made which will be debated in the House and followed by a vote. The Bill will be considered as a whole and gives MPs who aren’t on the committee to suggest amendments

25
Q

What happens at the Third Reading?

A

There’s a final debate on the Bill in its amended form and a final vote is taken

26
Q

What happens after the process in the House of Commons?

A

It must be passed to the House of Lords where it goes through the same stages

27
Q

What must happen if the House of Lords make any amendments to the Bill?

A

The House if Commons have to approve them

28
Q

What do the PARLIAMENT ACTS 1911 AND 1949 restrict the House to Lords on?

A

The Lords can only delay a Bill which has been approved by the Commons as they’re not an elected body.

29
Q

What happens if a Bill passes through the House of Commons unaltered?

A

The Lords can be by-passed and a Bill can go straight to Royal Assent

30
Q

What is an example of when the Lords were by-passed?

A

HUNTING ACT 2004

31
Q

What is Royal Assent?

A

Where the Monarch gives approval to the Bill and it then becomes an Act of Parliament

32
Q

What are advantages of political influence in parliamentary law making?

A

Each political party has its proposals for law reform ready incase it’s elected and the majority the elected party have will mean most of its proposals will become law which makes the law making process more efficient. The EUROPEAN REFERENDUM ACT 2015 came about as a result of a Conservative Party manifesto promise

33
Q

What are the disadvantages of political influences on parliamentary law making?

A

If a different party is elected at the next election, the can repeal or amend laws passed by the previous government which can be costly and open to criticism. If the party had a small majority then it can restrict what laws they can get passed

34
Q

What are the advantages of strong public opinion influencing parliamentary law making?

A

Public opinion will be affected by specific events which may influence parliament. For example the Dunblane massacre led to the FIREARMS (AMENDMENT) ACT 1997 which banned private ownership of most handguns

35
Q

What are the disadvantages of strong public opinion influencing parliamentary law making?

A

The government may respond too quickly to high profile incidents which Amy lead to poorly drafted law. For example in the DANGEROUS DOGS ACT 1991 where the wording led to many disputed cases in court

36
Q

What are the advantages of media influencing parliamentary law making?

A

Media can criticise government policy and bring issues to attention. For example, the media highlighted MPs expenses claims and public outrage followed which led to a reform of the system

37
Q

What are the disadvantages of the media influencing parliamentary law making?

A

The media can manipulate the news to and create a biased public opinion

38
Q

What are the advantages of pressure groups influencing parliamentary law making?

A

A wide range of issues are drawn to attention of the government as there are many different pressure groups with different aims and concerns

39
Q

What are the disadvantages of pressure groups influencing parliamentary law making?

A

Pressure groups can be seen to be imposing their ideas even if the majority of the public disagree. Pressure groups can have conflicting interests and want opposing things. For example, the League against Cruel Sports wanted fox hunting banned but the Countryside Alliance wanted it to be allowed to be continued

40
Q

What is lobbying?

A

When pressure groups try to persuade individual MPs to support their cause

41
Q

What are the advantages of The Law Commission influencing parliamentary law making?

A

Areas of law are researched by legal experts who consult interested parties before finalising its proposals and whole areas of law can be considered

42
Q

What are the disadvantages of The Law Commission influencing parliamentary law making?

A

The government don’t always implement the reforms The Law Commission suggest because of the lack of time for pure law reform

43
Q

What does Dicey say parliamentary supremacy means?

A
  • there are no limits on what Parliament can make laws about and it can change its own powers after the PARLIAMENT ACTS 1991 AND 1949 which placed limits on the House of Lords blocking a Bill
  • each new Parliament should be free to make and change laws made by previous parliaments
  • no other body has the right to overrule an Act of Parliament
44
Q

What does the STATUTE OF WESTMINSTER 1931 demonstrate?

A

It would be impractical to repeal certain acts of Parliament as it says that UK statutes should not extend to Commonwealth countries unless they consent

45
Q

What does the HUMAN RIGHTS ACT 2008 state?

A

That all Acts of Parliament have to be compatible with the European Convention on Human Rights

46
Q

What does the case H V MENTAL HEALTH REVIEW TRIBUNAL demonstrate?

A

It is possible to challenge an Act on the ground that it does not comply with the Convention

47
Q

What happened in H V MENTAL HEALTH REVIEW TRIBUNAL?

A

The Court of Appeal declared that the MENTAL HEALTH ACT 1983 was not compatible with the human right not to be detained without good reason and the Act placed the burden of proof on the patient to show that they should be released from hospital rather than on the state

48
Q

What does the SCOTLAND ACT 1998 and WALES ACT 1998 allow?

A

The Scottish Parliament and Welsh Assembly to make laws on matters for their own countries without having to get Parliaments approval

49
Q

What does the MERCHANT SHIPPING ACT 1998 demonstrate?

A

That EU law takes priority over UK law

Tort Law 1 (16 decks)

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