Parliamentary law making Flashcards
1
Q
What is the house of commons?
A
- elected by the electorate
- general election every 5 years
- government formed by party that has majority
- has the main say in formulating new acts
2
Q
What is the house of lords?
A
- non-elected body
- there were 1,100 members (750 hereditary peers)
- almost all hereditary peers removed
- 640 life peers, 26 lord spirituals an 92 hereditary.
- there were 12 lords but were made justices of supreme court.
3
Q
What is a green paper?
A
- may be issued by minister with responsibility for that matter.
- consultative document with outlines for reform
- full consideration of all views
- necessary changes to govs proposals.
4
Q
What is a white paper?
A
- firm proposals for new law
- limited opportunity for comments on proposals
5
Q
What are the different types of bills?
A
- Public bill
- Private members bill
- Private bill
6
Q
What is a public bill?
A
- involve matters of public policy
- affects either the whole country or a large part of it
- legal services act, legal aid and sentencing and punishment of others act and criminal justice and courts act
7
Q
What is a private members bill?
A
- another form of public bill
- introduced by individual MPs (not part of the government)
- Abortion act, marriage act and household waste recycling act
8
Q
What is a private bill?
A
- only affect certain people or corporations
- often promoted by organisations to give them powers beyond or in conflict with the law
- Faversham oyster fishery company bill
9
Q
What is the role of the house of commons?
A
- if they vote against a bill that is the end of the bill.
- will be debates on issues of policy behind the law as well as specific details
- likely that policies supported by government will become law
10
Q
What is the role of the house of lords?
A
- members can vote against proposed changes to law.
- parliament act 1911 and 1949 restrict powers allowing a bill to become law even if they reject it.
- function is to refine and add to law
- 4 times where bypass has been used (war crimes act, european parliamentary elections act, sexual offences act and hunting act)
11
Q
What is the legislative process?
A
- First reading
- Second reading
- Committee stage
- Report stage
- Third reading
- Other house
- Royal ascent
12
Q
What is the first reading?
A
- formality
- name and main aims read
- no discussion or vote
13
Q
What is the second reading?
A
- main debate
- vote is taken (leave the chamber and walk through one of two doors, ‘tellers’ count those walking through their door)
- must be a majority in favour for the bill to progress even further
14
Q
What is the committee stage?
A
- detailed examination of each clause
- committee of 16-50 mps each with special interest or knowledge of the subject
- amendments proposed and voted on
15
Q
What is the report stage?
A
- committee reports back to the house
- amendments debated and accepted or rejected by vote
- further amendments can be made
16
Q
What is the third reading?
A
- final vote
- almost a formality
- unlikely to fail if reached this stage
- will only be further debate if at least 6 MPs request it
17
Q
What is the other house?
A
- same process repeats in the other house
- they send it back with any amendments
- if they are not accepted it will be sent back
- this can ‘ping pong’ until agreed
- house of commons can push the bill through despite house of lords disagreement
18
Q
What is the royal ascent?
A
- monarch gives formal approval
- becomes act of parliament
- formality
- they are only given the short title
19
Q
Advantages of the legislative process
A
- democratic authority (ensures those elected have more powers than those not elected)
- consultation, debate and scrutiny (final quality of the product is improved)
- full reform (have the power to reform whole areas of law making them easier to find)
- broad policy (give powers to others to make detailed rules allowing greater detail in the law)
20
Q
What are the disadvantages of the legislative process?
A
- too lengthy (can take several months or even years, doesn’t mean cant pass emergency legislation)
- too many amendments (final act not as clear or comprehensive as it might have been)
- political manipulation (make amendments in the interest of their party, align with political stance of party so anyone not voting for them ignored)
- complexity (long and complex making them hard to understand)