parliamentary law making

Question 1

house of commons

Answer 1

• MPs elected by the public
• each MP represents a constituency
• general election every 5 years
• casual vacancies occur through death of MP (filled with bi-election)

Question 2

house of lords

Answer 2

• 92 hereditary peers
• 700 life peers
• 26 senior bishops in CofE

Question 3

private members bill

Answer 3

• proposed by individual MPs, usually on moral issues
• rarely becomes law

Question 4

ballot

Answer 4

• decides which MPs can present their chosen PMB
• 20 MPs selected in each parliamentary session

Question 5

ten-minute rule

Answer 5

• allows any MP to make a speech for up to 10 mins which introduces a new bill
• rarely successful

Question 6

public bills

Answer 6

• introduced by the gov that applied to the public
• main method of introducing a bill to parliament

Question 7

private bills

Answer 7

• introduced by an organisation and will only apply to them
• e.g a local authority

Question 8

green paper (pre-leg)

Answer 8

• law reform consultation doc
• created by gov when they wish to reform an area of law
• allows MPs and non-MPs to give feedback on the gov’s proposed law reform

Question 9

white paper (pre-leg)

Answer 9

• sets out the proposed law reform
• may or may not contain recommendations made during the green paper

Question 10

first reading

Answer 10

• name of the bill is read out
• no discussion or vote at this stage

Question 11

second reading

Answer 11

• MPs debate the principles behind the bill
• no debate of the bill itself
• verbal vote and will progress if there is a clear outcome
• no clear outcome = paper ballot

Question 11

committee stage

Answer 11

• 15-50 MPs form a committee
  -MPs will go through bills clause through clause while discussing and proposing amendments

Question 12

report stage

Answer 12

• changes/amendments suggested are reported back the houses
• no amendments = no report stage

Question 13

third reading

Answer 13

• final vote on the bill
• unlikely to fail at this point
• often referred to as a formality

Question 14

repeat of process in HOL

Answer 14

• amendments by HOL = bill goes to HOC to be considered
• started in HOL, bill goes to the HOC

Question 15

royal assent

Answer 15

• monarch gives their approval
• only a formality

Question 16

democratic (adv)

Answer 16

• everyone can give their opinion before the official process

Question 17

reform whole areas of law (adv)

Answer 17

• old common law and statutory rules are replaced

Question 18

pre leg consultation (adv)

Answer 18

• consultation on proposed changes to the law through green and white papers
• allows gov to take objections into account

Question 19

time (disad)

Answer 19

• can take several months for a bill to become law
• not enough time to put all bills through the process

Question 20

private members bill (disad)

Answer 20

• very few become law as the gov will vote them down or ensure they don’t receive enough time to be elected

Question 20

long and complex (disad)

Answer 20

• laws are often difficult to understand which means that they often appealed

Question 21

parliamentary sovereignty

Answer 21

dicey:
- parliament can legislate on any subject matter
- no parliament can be bound by any previous parliament
- no other body has the right to override or set aside an act of parliament

Question 22

limitations on parliamentary sovereignty

Answer 22

• human rights act 1998
• devolution
• eu membership

Question 23

human rights act 1998 (PS limitations)

Answer 23

- the court had the power to declare an act incompatible with the ECHR - blood and tarbuck v secretary of health: violated article 8 of the ECHR for not allowing a deceased father's name to be given on his child's birth certificate

Question 24

devolution (PS limitations)

Answer 24

- scotland act 1998 and wales act 1998 have devolved certain powers to the scottish and welsh parliaments (can make laws on some matters without approval of westminster)

Question 25

eu membership (PS limitations)

Answer 25

- eu laws took priority over english law even when the english law was passed after the eu law - merchant shipping act 1998 was meant to protect british fishing stocks and industry, act stated that 75% of directors/shareholders had to be british (contrary to eu law and couldn't be enforced)

Question 26

influences on parliament

Answer 26

- political - public opinion/media - pressure groups - law reform bodies

Question 27

political influences (influences on parliament)

Answer 27

- all political parties publish a manifesto when there is a general election - adv: gov has the majority in the HOC (essentially every law will be passed) and party was elected by UK population - disad: different party elected = they may disagrees with law made by previous government and change them (inefficient)

Question 28

public opinion/media (influences on parliament)

Answer 28

- govs want to be re-elected so public opinions and pressure from the media are bent - adv: parliament can respond to specific events/opinions + reflects will of people in the uk - disadv: gov may respond too quickly = laws not looked through properly

Question 29

pressure groups (influences on parliament)

Answer 29

- created to pursue a particular interest or cause - adv: important issues are raised to parliament's attention quicker - disadv: different groups could promote opposite ideals (e.g league against cruel sports doesn't support hunting for sport by the countryside alliance supports fox hunting)

Question 30

law reform bodies (influences on parliament)

Answer 30

- law commission = main law reform bodies, permanent panel of legal experts who research areas of law and recommend which laws need to be changed - adv: law is researched by experts and the commission consults widely on its projects - disad: lack of parliamentary time means that many proposals aren't enacted (e.g: more than 2/3 of the law commission's recommendations are implemented)