Parliamentary Law Making Flashcards
Provide basic general facts of the House of Commons
- Members are elected by the electorate- us- people of the country that are registered to vote.
- Must be a general election every 5 years.
Provide basic general facts of the House of Lords
- Non-elected body
- Consists of: 92 hereditary peers, 700 life peers, + 26 most senior bishops in the Church of England.
- Experts in a particular field that can assist + advise in matters of importance for the country.
Explain the Parliamentary Law Making Process (Green + White Paper)
How the law starts.
* Green Paper: starting point for an idea for a new law, consultative document which lays out gov’s views + ideas for change. Interested parties invited to send documents so all sides can be considered + changes to the document can be made.
* White Paper: following consultation of green paper, gov may issue white paper with its firm proposals for new law + setting out gov’s final decisions. Can include a draft bill.
Explain how Acts of Parliament are introduced.
- Major legislation usually made through Acts of Parliament- introduced by gov + initially drafted by lawyers who work for Parliament.
- These new ideas for laws are known as Bills.
State + explain the types of Bills
- Bill: once idea for a law has been drafted + published it’s called a Bill- following comments from green/white paper. Introduced by the relevant gov minister.
- Private Members’ Bills: proposed laws that are introduced into Parliament by MP’s. Very few actually become law. (e.g. Abortion Act 1967)
- Public Bills: involve matters of public policy. Most government Bills are in this category.
- Private Bills: laws that will just impact individuals/corporations. Promoted by local authorities/priv companies to give them powers beyond general law.
- Hybrid Bills: cross between Priv + Public Bills. Introduced by gov + can affect a person, organisation, or place (e.g. High Speed Rail Bill 2017-19)
Explain the role of the House of Commons in creating law.
- Most Bills are introduced here first.
- If the house votes against a Bill that’s it- under democracy has more power than the HoL.
- Gov has majority in this House- likely their policies will become law.
Explain the role of the Lords in creating law.
- Peers can create law from here- far less likely.
- Bill can become law even if rejected by the Lords- therefore can only delay law by up to 1 year.
Detail the Parliamentary process, explaining each stage of a Bill becoming law.
- Bill is drafted: green + white paper
- First Reading in HoC: name of Bill read out, no discussion/vote.
- Secondary Reading in HOC: main debate on whole Bill. At the end, vote is taken verbally- members shout ‘Aye’ or ‘No.’
- Committee Stage: detailed examination of each section by 16-50 MPs. Make suggestions for change.
- Report Stage: committee reports back to HoC on any amendments made. Changes debated- accepted/rejected.
- Third Reading in HOC: final vote on Bill. More of a formality as unlikely to fail at this stage.
- Same Procedure in HoL: go through same 5 stages. Then goes back to HoC to consider Lords changes, if they don’t agree can go back + forth (known as ‘ping-pong’)
- Royal Assent: monarch formally gives approval + it the becomes an Act of Parliament- will come into force + be law on midnight of the day it’s signed.
State + explain the advantages of Parliamentary law making
- Democratic: made by our elected representatives- can vote them out after 5 years if they’ve not done as they said.
- Consultation: lengthy process of law making through both Houses means there are many opportunities for change, consideration + objections to Bills before they become law.
State + explain the disadvantages of Parliamentary law making
- Time: don’t have time to deal with all reforms proposed + process of each stage takes months.
- Government: as gov’s in control of parliamentary timetable, allows little time for private members’ Bills. Even when it gets introduced, gov can easily vote it out, so very few become law.
Explain the Political Influence on Parliament, in relation to parliamentary law making- including advantages + disadvantages.
- When there’s a general election, all parties publish a manifesto (reforms they’d carry out if elected), party tries to persuade people to vote them in.
- Party with most MP’s becomes gov + has whole life of parliament (5 years) to bring in reforms- most reforms put before Parliament to pass as an Act.
Advantages: - Each party has its proposals for reform ready, so if they’re elected they have a list of what they wish to do.
- Gov has majority in HoC- virtually every law it proposes is passed.
Disadvantages: - Next party can repeal/change laws made, as their policies are likely to be different.
- Changes can be costly + open to criticism.
Explain the Public Opinion/Media Influence on Parliament, in relation to parliamentary law making- including advantages + disadvantages.
- When there’s a strong public opinion about change, gov may bow- more likely when there’ll be a general election + gov wants to remain popular.
- Media plays large role in brining public opinion to gov’s attention.
Advantages: - Public opinion will be affected by specific events + these can influence law.
- Free press that can criticise gov policy + highlight bad practice.
Disadvantages: - Gov can have a ‘knee-jerk’ reaction to high profile incidents + create poorly drafted law.
- Media criticised for manipulating the news + creating public opinion on matters.
Explain the Influence of Pressure Groups + Lobbying on Parliament, in relation to parliamentary law making- including advantages + disadvantages.
- Pressure groups have a particular interest- bring maters they’re interested in to attention of public + gov- may make gov reconsider law on certain areas.
- Some pressure groups try persuade individuals MP’s to support their cause (lobbying)
Advantages: - Wide range of issues brought to attention of gov as many diff groups with diff aims.
- Groups are far more aware of important issues (e.g. environmental groups)
Disadvantages: - Pressure groups seek to impose their ideas, even when majority doesn’t support their vies.
- Often 2 pressure groups have conflicting interests.
Explain the Influence of Law Reform Bodies on Parliament, in relation to parliamentary law making- including advantages + disadvantages.
- Legal experts who research areas of law + recommend laws which need to be changed.
- Issue a consultation paper to get views of interest parties.
- Final report includes a draft bill, setting out exact way law should be reformed.
- Reports go to Parliament.
Advantages: - Areas of law researched by legal experts.
- Consults before finalising its proposals.
Disadvantages: - Gov doesn’t always implement suggested reforms due to lack of time.
- Reform of substantive law not seen as a priority.
Explain the doctrine of parliamentary supremacy.
Definition of parliamentary supremacy (parliamentary sovereignty) given by Dicey in 19th century.
Made 3 points:
1) Parliament can legislate on any subject-matter (make law on any matter)
2) No parliament can be bound by any previous parliament, nor can parliament pass any act that’ll bind a later parliament.
3) No other body has the right to override/set aside an Act of Parliament.
