Parliamentary Law Making Flashcards

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1
Q

What is meant by supremacy?

A

Having the most amount of power. In theory, Parliament are the only ones who should be able to make laws.

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2
Q

What does Parliament have the right to do?

A

Make, change or abolish any law they want.
Overrule any other law.
Can’t be bound by themselves (they can change their own laws whenever they want).

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3
Q

Why should Parliament be supreme?

A

There are 650 MPs who are voted for democratically by the public so in theory the laws they make represent what society wants.

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4
Q

What are the different names of laws made by Parliament?

A

Acts, Legislation, Statutes.

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5
Q

What is the difference between Parliament and government?

A

Parliament is made up of 3 parts (House of Commons, House of Lords and the monarch). They are responsible for legislature (they create laws).

Government is made up of the party with the majority of MPs in Parliament and they have executive function (present new ideas for laws and enforce laws through police).

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6
Q

How do political influences influence Parliament?

A

Political parties publish a manifesto setting out political ideas/aims. If these people are voted into government, they can put these plans into action and make them laws.

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7
Q

How does public opinion/media influence Parliament?

A

Public opinion, often expressed in media can influence Parliament to make certain laws e.g. Dangerous Dogs Act 1991 after public outcry when several children were killed or injured.

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8
Q

How do pressure groups influence Parliament and what are the 2 types of pressure groups?

A

Bring specific matters to people’s attention which can influence Parliament to make laws.
Sectional pressure groups represent a section of society and their interests like the Law Society for lawyers’ interests.
Cause pressure groups focus on specific causes like the League of Cruel Sports that was against fox hunting. This led to the Hunting Act 2004.

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9
Q

How do lobbyists influence Parliament?

A

Try to get individual MPs to support a cause, often by persuading them to ask a question in the House of Commons to give publicity to an issue. Some pressure groups try to lobby MPs.

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10
Q

How does the Law Commission influence Parliament?

A

They are an independent group of legal experts who find problems within the law, conduct research and propose reforms to Parliament e.g. Consumer Rights Act 2015.

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11
Q

What are the advantages of political influences?

A

Manifestos make it easy to see what each party will do if elected.
Government majority makes it easy to pass Bills.

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12
Q

What are the disadvantages of political influences?

A

New Government may undo the work of old Governments.
Small majorities/ coalitions won’t be able to pass laws too freely e.g. Conservative and Lib Dem coalition 2010-2015.

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13
Q

What are the advantages of public opinion/media?

A

Make it easy to know which issues are actually important to society e.g. MP expenses scandal.

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14
Q

What are the disadvantages of public opinion/media?

A

Parliament may respond to quickly and make rushed/bad laws to avoid public outcry like Dangerous Dogs Act.
Media may manipulate the news and public opinion.

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15
Q

What are the advantages of pressure groups?

A

Can be very large and raise awareness for lots of important causes.

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16
Q

What are the disadvantages of pressure groups?

A

These groups may be a minority of society imposing their ideas on the majority who don’t want it.
There may be 2 opposing groups e.g. Hunting Act had 2 opposite groups fighting over it.

17
Q

What are the advantages of lobbyists?

A

Anyone can be a lobbyist and get the attention of Parliament.

18
Q

What are the disadvantages of lobbyists?

A

Can lead to bribery of MPs to ask particular questions/ support particular ideas.

19
Q

What is a Private Member’s Bill?

A

These are usually introduced by individual MPs who aren’t in government (often called ‘backbenchers’) e.g. Abortion Act 1967.

20
Q

What are Public Bills?

A

Laws on important public matter that affect the whole country. These are usually introduced by the Government e.g. The Legal Aid, Sentencing and Punishment of Offenders Act 2012.

21
Q

What are Private Bills?

A

These are laws that only apply to a private individual or legal entity e.g. The Faversham Oyster Fishery Company Bill 2016 only affects that one company.

22
Q

What are Hybrid Bills?

A

These are a cross between public and private bills e.g. Crossrails and HS2 Acts.

23
Q

What is a Green Paper?

A

This is a consultation phase. It sets out the general aims of the Bill and invites responses.

24
Q

What is a White Paper?

A

The firm proposal for a law based on the consultation. (A Green Paper turns into a White Paper after the consultation phase).

25
Q

What happens in the first reading?

A

This is a formality where the title of the Bill is read to the House.

26
Q

What happens in the Second Reading?

A

The minister explains the purpose of the Bill. A debate is held on the Bill and then a vote is held.

27
Q

What happens in the committee stage?

A

If the Bill starts in the House of Commons then between 16-50 MPs examine each clause of the Bill and think of any potential problems that could be caused.
If the Bill starts in the House of Lords then the whole House is the committee.

28
Q

What happens in the report stage?

A

The committee reports back to the House with any suggested amendments. These amendments are then debated and either accepted or rejected.

29
Q

What happens in the Third Reading?

A

This is the final vote on the Bill after each amendment has been accepted or rejected.

30
Q

What happens after a Bill has finished the Third Reading in one House?

A

The whole process repeats in the second House. After the process has been repeated, the Bill can be passed back to the original House for any further amendments. A Bill can sometimes ‘ping pong’ between the Houses.

31
Q

What happens after a Bill has successfully passed through both Houses?

A

The monarch must give Royal Assent to a Bill to make it law. They only get to see the short title and don’t even have to physically sign it.

32
Q

What are the advantages of parliamentary law making?

A

-They can consult with many interested parties and experts so they have more information to make good laws. e.g when considering extending drinking hours in pubs- police, AA, hospitals, pub landlords.

-They can change whole areas of law at once so the law can be updated relatively quickly. e.g. Fraud Act 2006.

-Parliament are elected democratically so laws should reflect what people want or MPs won’t get elected again. Laws are also more likely to be obeyed. e.g. poll tax 1990 led to resignation of Margaret Thatcher.
-Bills must be checked by 3 groups so any errors should be picked up. However most power still lies with HoC. e.g. pushing through Hunting Act.