Parliamentary law making Flashcards

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1
Q

What is the house of commons?

A
  • elected by electorate
  • must be general election every 5 years
  • the majority party in the house of commons forms the government
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2
Q

What is the house of lords?

A
  • non elected body
  • 92 hereditary peers
  • about 700 life peers
  • 26 most senior bishops in the church of england
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3
Q

What is a green paper?

A

A consultative document on a topic in which the governments view is put forward with proposals for law reform. Interested are invited to send comments and help to make necessary changes.

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4
Q

What is a white paper?

A

A document issued by the government stating their decisions as how they are going to reform the law.

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5
Q

What is a bill?

A

The name for a draft law going through parliament before it passes all the parliamentary stages to become an act of parliament.

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6
Q

Explain private members bills.

A
  • introduced by MPs who aren’t government ministers also known as backbenchers
  • relatively few became law
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7
Q

What are the two ways a private MP can introduce a bill?

A
  • ballot, 20 private members are selected who can take their turn in presenting their bill to parliament
  • ten minute rule, any MP can make a speech up to 10 mins supporting the introduction of of new legislation
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8
Q

What is a public bill?

A
  • involves matters of public policy and affects the general public
  • legal aid, sentencing and punishment act 2012
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9
Q

What is a private bill?

A
  • Affects a particular organisation person or place

- faversham oyster fishery company bill 2016

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10
Q

What is a hybrid bill?

A
  • introduced by the government but affects an organisation person or place
  • cross rail acts
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11
Q

What stages does a bill have to go through to become an act of parliament?

A

Bill is drafted, first reading in HOC, second reading in HOC, committee stage, report stage, third reading in HOC, same 5 procedures in HOL, royal assent.

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12
Q

Name advantages of law making in parliament

A
  • made by elected representatives so democratic
  • acts of parliament can reform whole areas of law in one act
  • is certain as it can’t be challenged under the doctrine of parliamentary supremacy
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13
Q

Disadvantages of law making in parliament

A
  • lengthy long process
  • very little time for private members bills
  • parliament don’t have time to deal with all the reforms that are proposed
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14
Q

What does political influence on parliament involve?

A
  • the political party elected has up to 5 years to bring in the reforms they promised in their manifesto
  • the government has the major say on what new laws will be out before both houses
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15
Q

Name an advantage of political influence on parliament

A

The fact that the government have majority in the house of commons means that virtually every law it proposes will be passed. Makes the law making process efficient.

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16
Q

Name a disadvantage of the political influence on parliament.

A

If a different party is elected at the next general election, they made decide to repeal or alter some of the laws the previous the government passed.

17
Q

what is the influence of public opinion/media on parliament?

A
  • when there is strong public opinion about a change to the law the government may bow to such an opinion
  • high profile in media brings attention to the public and may add to the weight of public opinion
18
Q

What is an advantage of public opinion/media on parliament?

A

Sometimes public opinion will be affected by specific events and these may also play a role in formulating the law.

19
Q

Name a disadvantage of media/public opinion influencing parliament?

A

The government may respond too quickly to high profile incidents. This can lead to law made too quickly and not thought through so law is poorest drafted.

19
Q

Name a disadvantage of media/public opinion influencing parliament?

A

The government may respond too quickly to high profile incidents. This can lead to law made too quickly and not thought through so law is poorest drafted.

20
Q

What is a sectional pressure group?

A

They exist to represent the interests of a particular group of people. Often represent work groups or professions.

21
Q

What is a cause pressure group?

A

They exist to promote a particular cause. Eg green peace and animal welfare groups.

22
Q

What is lobbying?

A

Some pressure groups try to persuade individual members of parliament to support their cause, this is often in the lobbies.

23
Q

What is lobbying?

A

Some pressure groups try to persuade individual members of parliament to support their cause, this is often in the lobbies.

24
Q

An advantage of pressure groups

A

Often raise important issues and a wide range of issues is drawn to the attention of the government.

25
Q

Name a disadvantage of pressure groups

A

Pressure groups are seeking to impose their ideas even when the majority of the public do not support their views.

26
Q

How does law commission influence parliamentary law making?

A

An independent body to review the law and propose reform.

27
Q

An advantage of law commission influencing parliamentary law making

A

Law is researched by legal experts, consults before finalising proposals, whole areas of law are considered.

28
Q

Disadvantage of law commission influencing parliamentary law making

A

Parliament does not implement all proposals.

29
Q

Dicey’s 3 points on the definition of parliamentary supremacy

A

1) parliament can legislate on any matter
2) no parliament can be bound by previous parliament nor can pass any act that will bind a later parliament
3) no other body has the right to override or set aside an act of parliament