Parliamentary Law Making Flashcards
What are Acts of Parliament?
Laws made by both Houses of Parliament (HoL HoC) and given Royal Assent
How may parliament be influenced in its law making?
- Political policies
- Public Opinion
- Pressure Groups
- Lobbyists
- Law reform bodies (e.g. Law Commission)
What is a Green Paper?
A consultative document issued by the government putting forward proposals for law reform (comes before White)
What is a White Paper?
A document issued by the government stating its decisions as to how it is going to reform the law (after Green)
What happens between the Green and White Papers?
Interested parties and parties threat would be affected by the reform are invited to send comments regarding the proposal
What is the order of events in the passing of an Act of Parliament? (list the 7 stages)
- BILL IS DRAFTED
- FIRST READING - the proposal is read out (HoC)
- SECOND READING - MPs discuss and vote
- COMMITTEE STAGE - bill is examined line by line and amendments r suggested (they vote again)
- REPORT STAGE - the minister reads out the amendments
- THIRD READING - last debate opportunity and final votes are taken
- The same thing is done in HoL then Royal Assent (Queen) confirms the Law
ADVANTAGES of the Parliament legislative process *
DEMOCRATIC - made by elected representatives
FULL REFORM - Parliament can reform whole areas of law in one Act which makes the law simpler to find (Fraud Act 2006). In contrast, judges can only change small areas law through precedent.
BROAD POLICY - delegated legislation in Acts of Parliament allow greater detail in Laws
CONSULTATION - thoroughly discussed law is important to avoid loopholes/side effects
DISADVANTAGES of the Parliament legislative process *
LACK TIME - parliament doesn’t have time to consider all proposed reforms (e.g. Law Commission proposal of OAPA changes in 1993 yet still not put b4 parliament)
LONG PROCESS - all of the readings and stages may take several months
GOV CONTROL - little time is allowed for private members’ bills, so few moral issues are legislated upon
COMPLEXITY - Acts of Parliament are often very complex and difficult to understand. Many appeal cases heard by Supreme Court need to deal with the interpretation of these complex Acts.
Power may need to be delegated so other people make the law
A v D of political influences on Law making*
A: Since the Gov has a majority in HoC, virtually every proposed law is passed
D: If a new party is elected, they may attempt to alter or repeal previous laws (costly and criticised)
A v D of public opinion influences on Law making *
A: specific events affect public opinion - the press is free to express criticisms of the Law (e.g. Dunblane massacre 1996 led to parliament banning most privately owned guns)
D: Gov may respond too quickly to high profile incidents (‘knee-jerk’ response) therefore making unclear laws (e.g. Dangerous Dogs Act where wording was unclear)
A v D of pressure groups’ influence on Law making *
A: large pressure groups (e.g. charities) can raise an issue of concern to many people
D: Some argue that they are seeking to impose their ideas even if the majority of the public don’t agree
It may also happen that two different groups have opposing views (e.g. League against cruel sports wanted to stop fox hunting but the Countryside alliance wanted fox hunting)
A v D of lobbyist influence on Law making *
A: it is a system that can be used by everyone as there are procedures to allow people to have access to their MP
D: professional lobbyists can lead to an abuse of the process (e.g. when MPs were paid to answer questions — this means that wealthier companies have more influence than ordinary people)
What is a Government Bill?
A bill that is introduced by the government (e.g. Criminal Justice and Courts Act 2015)
What is a Private Members’ Bill?
Introduced by a private MP, likely to be a public bill (e.g. Household Waste Recycling Act 2003)
What is a Public Bill?
Involves matters of public policy which affect the general public (e.g. Legal Aid, Sentencing and Punishment Act 2012)
