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OCR A-level law PAPER " SECTION A > Parliamentary law making > Flashcards

Parliamentary law making Flashcards

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1
Q

Types of Bill

A
  • public
  • private
  • private members
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2
Q

public bills

A
  • legislation intended to affect the public as a whole
  • usually proposed by gov. may be proposed by individual MP (Private Members Bills)
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3
Q

public bill example

A
  • Great British Energy Bill
  • A bill to make provisions about Great British Energy
    (as of OCT 2024)
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4
Q

private bills

A
  • legislation intended to affect 1 particular area/org. usually proposed by local authority/company/coop affected
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5
Q

Private Bill example

A

-Royal Albert Hall Bill
- Bill updates rules for Members’ payments, exclusions, and the sale of more seats, and exercise of certain rights at the Royal Albert Hall.
(as of oct 2024)

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6
Q

Private member bills

A

public bills introduced by MPs and Lords who are not government ministers. working independently of gov.

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7
Q

Private Member’s Bill example

A
  • Assisted Dying for Terminally Ill Adults Bill
  • sponsored by Labour peer, Lord Falconer of Thoroton
    A Bill to allow adults who are terminally ill, subject to safeguards, to be assisted to end their own life; and for connected purposes
    (As of Oct 2024)
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8
Q

Bills

A

draft a new Act of Parliament written by special lawyers known as parliamentary draftsmen

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9
Q

Pre-legislative process

A
  • Green Paper
  • White paper
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10
Q

Green paper

A
  • initial consultation document to gain views on a proposed new law
  • allows democratic involvement
  • mat provide more chance of smooth passage through Parliament
  • responses may be, but do not have to be acted on by gov.
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11
Q

white paper

A
  • document sets out gov’s preferred approach to a future piece of legislation
  • limited opportunity for comment
  • document sets out info.
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12
Q

Legislative stages

A
  • bill can either start in the house of commons or house of lords (except finance Bills, which must start in HOC ) and must be approved by both houses before becoming an Act of Parliament (law)
    first reading
  • 2nd reading
  • committee stage
  • Report Stage
  • 3rd reading
  • process repeats in other house
  • royal assent
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13
Q

1st reading

A
  • formality
  • short title and main aims of Bill announced
  • order for Bill to be Printed
  • NO DEBATE
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14
Q

2nd reading

A
  • main debate on whole Bill takes place conducted via the Speaker
  • Minister, MP, Lord responsible describe aim of Bill and fields questions
  • focus on main principles rather than specific detail
  • vote taken -> must be a majority for bill to progress further
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15
Q

Committee Stage

A
  • detailed examination 15-60 MPs
  • done by standing committee (usually) or whole house in HOL
  • membership roughly in proportion to # of seats each party has in HoC
  • can make amendments
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16
Q

Report Stage

A
  • amendments reported back to house
  • debate
  • vote on whether to accept amendments
  • no amendments Bill passes straight onto next stage
17
Q

Third Reading

A
  • Final look at Bill as a whole w/ amendments
  • final vote if to go further (generally formality unlikely to fail at this stage)
18
Q

other house

A
  • the other house follows similar stages and can send it back for amendments to the House it originated
  • sending to and fro can go on for some time referred to a ‘ping pong’
  • continues until both houses agree (Parliamentary Act 1911 and 1949 make it that HOL can only delay passage of Bill for up to 1 yr & not prevent it -> only used 4 times)
19
Q

Royal Assent

A
  • much of formality
  • Monarch formally gives approval for Bill
  • becomes an Act of Parliament and part of the law of the land
20
Q

adv. legislative process

A
  • Democratic
  • Consultation
  • detailed debate
  • full reform
21
Q

adv. legislative process: democratic

A
  • elected reps.
  • effect to election manifesto
  • answerable to electorate
  • GE every 5 yrs
  • gov vote out -> not preform as electorate expected
22
Q

adv. legislative process: consultation

A
  • can be made after detail inquiry/report from law commission i.e Sentencing Act 2020
  • wide consultation in prelegislative stages i.e green papers
  • allow consultation w/ interested bodies & objections/amendments to proposed law to make it more effective
23
Q

adv. legislative process: detailed Debate

A
  • Bills high levels scrutiny & detailed consideration before becoming law -> dif. stages
  • MP & Lords opposing parties examine & vote on the bill
  • scrutiny = balanced, objective & thorough
24
Q

adv. legislative process -> Full reform

A
  • Parliament reform & consolidate whole areas of law in one act
  • Fraud Act 2006 , abolished old offences of deception & fraud -> replaced w/ newer simpler structure of offences
25
Q

disadv. legislative process

A
  • lengthy
  • gov. control
  • lack of parliamentary time
  • complexity
26
Q

disadv. legislative process: lengthy

A
  • Green PP-> RA + implementation -> mnths->yrs
  • i.e Consumer Rights Act 2015 took 14 mths from 1st reading to RA
  • oft. delay to deal w. issue after report
  • ‘knee-jerk’ legislation rushed through = deal w/ perceived problem i.e Dangerous Dogs act 1991
27
Q

disadv. legislative process- gov. control

A
  • effective scrutiny limited
  • Majority MPs from gov. vote party lines
  • debated esp. HoC affect political agenda rather than genuine debate about needed legislation
28
Q

disadv. legislative process - lack of parliamentary time

A
  • gov. control timetable -> lack time/political will to consider reforms esp. criminal & contract law
  • legislation compromise by HoL + HoC law passed not best form .
  • Very little time Priv. Mem. Bill -> deal w/ imp moral issues i.e Assisted Dying Bill
29
Q

disadv. legislative process: complexity

A
  • Act of Parliament oft. ver long + written in complex laguage diff. to understand
  • rare cod./cons.
  • diff parts of act in force diff times -> oft need to read more than 1 doc to find law on issue

OCR A-level law PAPER " SECTION A (6 decks)

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