Parliamentary law making Flashcards

1
Q

Monarch

A

constitutional monarchy. Monarch is bound to exercise powers and authority only within limits prescribed by the law. To accept significant public office must swear oath of allegiance to monarch.

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2
Q

House of commons

A

650 constituencies MP represents each one. Government is formed by political party with majority of MPs in house of commons and its leader invited by monarch to be prime minister.

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3
Q

House of lords

A

non-elected body. 92 hereditary peers who inherited title and will pass down to family. 700 life peers appointed on non-partisan basis by HOL appointments commission. 26 most senior bishops.

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4
Q

green paper

A

a consultative document issued by the government putting forward proposals for reform of the law and often inviting suggestions.

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5
Q

white paper

A

a document issued by the government stating it’s decisions as to how it is going to reform the law; this is for information not consultation.

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6
Q

public bill

A

involve matters of public policy affecting the whole country or a large section of it. most government bills are in this category, for example the legal aid, sentencing and punishment or offenders act 2012

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7
Q

Private members bill

A

Individual (private) MPs introduce a bill. they can be from any political party and are known as ‘backbenchers’ because they do not sit in the front row in HOC with government.

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8
Q

How can a private MP introduce a bill

A

-by ballot
- through ‘10 minute’ rule

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9
Q

Private bills

A

These are designed to create a law which will affect only individual people or corporations. They do not affect the whole community.

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10
Q

hybrid bills

A

these are a cross between public bills and private bills. They are introduced by the government, but if they become law they will affect a particular person, organisation or place.

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11
Q

political influence on parliament

A

when a general election is called the political parties publish a manifesto, which amounts to a promise of what new laws they will introduce.
Hunting act 2004 followed promise by labour party to outlaw fox hunting if elected

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12
Q

Advantages/Disadvantages of political influence

A

advantage: each political party has its proposals ready
- a government majority means that most of the Bills it introduces will be passed
disadvantages:
- while it is easy to make a promise, it is made more difficult when in power to fulfil that promise, particularly without an overall majority.

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13
Q

Media influence on parliament

A

When there is strong public opinion about an issue, the government may bow to it. When an issue is given a high profile in the media, it may add to the weight of public opinion.
Following Dunblane massacre in 1996, private ownership of handguns was banned.

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14
Q

advantages/disadvantages of media influence

A

Advantages: the UKs free press is able to criticise government policy or bring any other issue to the attention of the government using public opinion
Disadvantages: Responding too quickly to high-profile incidents leads to poorly drafted law e.g. dangerous dogs act
- media companies can manipulate the news to create public opinion.

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15
Q

advantages/disadvantages influence of pressure groups

A

advantages: pressure groups often bring important scientific discoveries to the governments attention e.g. damage being done by greenhouse gases and other pollutants.
disadvantages: there are occasions when 2 group have conflicting interests, e.g. the league against cruel sports wanted to ban fox hunting but the countryside alliance wanted it to continue.

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15
Q

Pressure groups influence on Parliament

A

sectional: represent the interests of a particular group of people.
cause: promote a particular cause.
in 2007 laws against smoking in public places were introduced because of public and medical opinion.

15
Q

public opinion influence on parliament

A

these are the views of members of the general public in the UK. This is a strong influence upon parliament as those aged over 18 are entitled to vote in general elections.

In a national referendum in 2016 the majority of those who voted chose to leave the EU. Allowed Parliament to legislate in 2017 and allow this to happen.

15
Q

Advantages/disadvantage of public opinion influence on parliament

A

advantages: where majority of the public has certain beliefs or demands then parliament can safely pass legislation on that issue.
disadvantages: gauging public opinion can be notoriously difficult. Realistically no one can definitively say that the majority of the public believe one way or another in a specific issue.

15
Q

lobbyists/lobbying firms influence on parliament

A

these are usually professionals or organisations who try to persuade or influence governments or enact amend or repeal legislation that affects their or their representatives’ interests.
Most multinational companies have or use lobbyists.

16
Q

advantages/disadvantages lobbyists/lobbying firms influence on parliament

A

advantages: like any service industry citizens or organisations can approach a lobbyist to represent and present their interests direct to government ministers or their departments where lobbyists have political contacts.

disadvantages: lobbyists are expensive and in consequence may only represent those citizens or groups who can afford to pay for their services
- accusatations of dubious and corrupt methods e.g. ‘cash for questions’ have been made against lobbyists.

17
Q

pathway for acts of parliament to be passed

A

-bill is drafted
-first reading in HOC
-second reading in HOC
-committee stage
-report stage
-third reading in HOC
- SAME FOR HOL
-consideration of amendments
-royal assent

18
Q

first reading

A

This is a purely formal stage at which the title of the bill is read out. There is no debate on the bill.

19
Q

second reading

A

debate on the main principles of the bill, held in the chamber. A government minister will open the debate by setting out the case for the bill and explaining its provisions.

20
Q

committee stage

A

standing committee of between 16 and 50 MPs conduct a line-by-line examination of the bill. The MPs are usually chosen for their expertise in the area and a proportion come from all parties. They debate each and every clause, in order to refine the language used and to amend any problematic issues that present themselves. A vote must be taken on each amendment that is made, before the bill moves to the Report Stage.
HOL DOES AS WHOLE HOUSE

21
Q

report stage

A

standing committee reports back to the whole House on the issues raised in the Committee Stage and on any amendments made. The purpose of this stage is also to ensure that the standing committee adheres as far as possible to the principles generally agreed by the House at Second Reading. The House may make additional amendments at this stage if necessary, but these must be approved by a further vote.
HOL NO STANDING COMMITTEE WHOLE HOUSE TAKES PART

22
Q

third reading

A

where there is a review of the whole bill. This stage is often a formality, as most of the issues would have been addressed at earlier stages. After a successful vote, the bill then passes to the House of Lords

23
Q

royal assent

A

The final stage is Royal Assent. This is where the monarch, or rather someone appointed on her behalf, signs off on a bill, bringing it into law