Parliamentary Law Making Flashcards

Paper 2 Section A

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1
Q

what is “Parliamentary Supremacy?”

A

Parliament (P) has the ability to make, change or abolish ANY law

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2
Q

is P bound by anything/one?

A

no P is not bound by themselves, they can change their mind at any point

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3
Q

who makes up P

A
  • house of lords
  • house of commons
  • monarch
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4
Q

what is the name for the law that:
* is an idea
* judges make
* public body makes

A
  • Bill (turns into Act when completed)
  • precedent
  • delegated legislation / by-laws
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5
Q

what are the 3 types of bills?

A
  • Private members Bills
  • Public Bills
  • Private Bills
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6
Q

Private members Bill:
* who makes it
* eg of P.M.B.

A
  • Non-Govt. eg. House of Lords / non-labour
  • Abortion Act 1967
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6
Q
A
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7
Q

Public Bills:
* who is affected by it
* who introduces it
* eg of P.B.

A
  • everyone
  • typically the Govt.
  • Legal Aid Sentencing and Punishment of Offenders Act (LASPO) 2012 (less people get free lawyers; need to earn under £8k/yr
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8
Q

Private Bills:
* who does it affect
* eg of P.B.

A
  • ONE person/legal entity
  • The Faversham Oyster Fishery Company Bill 2016 (help give TFOFC clearer guidelines on where to fish, whilst also keeping environment safe)
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9
Q

Legislative Process Flowchart

A
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10
Q

1st stage

The Legislative Process

A

Green Paper
* consultation phase - set out aims for the Bill
* survey individuals

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11
Q

2nd stage

The Legislative Process

A

White Paper
* firm proposal for a law based on G.P.

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12
Q

3rd stage

The Legislative Process

A

First reading
* person stands up
* reads bill title

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13
Q

4th stage

The Legislative Process

A

Second reading
* Minister explains purpose of Bill
* then debate
* then vote

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14
Q

5th stage

The Legislative Process

A

Comittee stage
IF BILL BEGAN IN HOUSE OF COMMONS:
* 16-50 MPs
* examine each clause + debate problems
IF BILL BEGAN IN HOUSE OF LORDS
* EVERY MP examines

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15
Q

6th stage

The Legislative Process

A

Report stage
* MPs report problems + suggested ammendments
* only yes or no, no further changes

16
Q

7th stage

The Legislative Process

A

Third reading
* Final vote based off ammendments
* either continue, or back to square 1

17
Q

8th stage

The Legislative Process

A

House of Lords
* after process is completed in 1 house, whole process repeated in the other (from 3rd stage - 7th stage)
* H.o.L / H.o.C. make changes –> other house reviews again
* BILL PLAYS PING PONG
* if agreement can’t be made, Bill may fail, unless Commons invokes it’s supremacy under the Parliament Act (VERY rare)

18
Q

9th stage

The Legislative Process

A

Royal Assent
* Monarch (King/Queen) gives Royal Assent to Bill to make it a law
* almost always given Assent
* Royal Assent Act 1967 - Monarch only sees short title and doesn’t even physically sign