Parliamentary law making Flashcards

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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
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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.
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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.
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4
Q

What is a white paper?

A
  • firm proposals for new law
  • limited opportunity for comments on proposals
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5
Q

What are the different types of bills?

A
  • Public bill
  • Private members bill
  • Private bill
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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
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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
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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
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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
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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)
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11
Q

What is the legislative process?

A
  • First reading
  • Second reading
  • Committee stage
  • Report stage
  • Third reading
  • Other house
  • Royal ascent
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12
Q

What is the first reading?

A
  • formality
  • name and main aims read
  • no discussion or vote
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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
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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
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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
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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)