Parliamentary Law Making

Question 1

Who are the house of Lords?

Answer 1

• They are unelected and unpaid
• There are 700 members
• They are often hereditary peers, life peers or bishops of the Church

Question 2

What is the role of house of Lords?

Answer 2

• They scrutinise and amend proposed legislation
• They question the government
• They debate policy issues and matters of general concern
• They introduce bills

Question 3

Who are the House of Commons?

Answer 3

• There are 650 members who represent the constituency
• They are elected in the General Election’s

Question 4

What is the role of house of commons?

Answer 4

• They are directly elected to make policies and decide how to run the country
• They debate matters of current concern
• They debate, scrutinise and vote on whether to approve laws
• They go through reigirous questioning and represent the views of the electorate

Question 5

What are white papers?

Answer 5

This is a firm proposal of new laws which sets out a course of action
This states how the law will be reformed and why

Question 6

What are green papers?

Answer 6

• These are a consultive document which outlines policy and puts forward the governments view on law reform. This allows interested parties to comment on proposals

Question 7

What is formal legislation?

Answer 7

• These are acts of parliaments in statutes which are introduced by government departments
• The department give instructions to the civil service lawyers on what to include and the effect of the proposed law
• This then becomes it becomes a draft bill

Question 8

What are the types of bills?

Answer 8

1. Government Bill = Introduced by a government minister as part of the legislative agenda and cover a wide range of issues
2. Private Members Bill = These bills are introduced by MP’s and follow either a ballot or the 10 minute rule
3. Public Bill = These bills apply to the whole population and seek change on a national level
4. Private Bill = These apply to specific individuals or groups rather than the entire population. The relate to issues such as local government matters
5. Hybrid Bill = They apply to both the general public and specific individuals often affecting local communities

Question 9

What is the parliamentary process of making a bill?

Answer 9

1. First Reading – Formal introduction (no debate).
2. Second Reading – Debate on general principles and a vote.
3. Committee Stage – Detailed examination and amendment.
4. Report Stage – Further consideration of amendments.
5. Third Reading – Final debate and approval in the first House.
6. Consideration in the Other House – Similar stages in the second House.
7. Ping-Pong (if needed) – Resolving disagreements between the two Houses.
8. Royal Assent – Final approval by the Monarch.

Question 10

What are advantages of parliamentary law making?

Answer 10

1. It goes through scrutiny and careful examination
2. It ping pongs between the houses
3. Flexibility and opportunities for amendments
4. Democratically elected MP’s which can amend proposals
5. Law is supreme and people will not be bound by potentially bad laws
6. Sometimes laws can be rushed and create bad legislation

Question 11

What are disadvantages of parliamentary law making?

Answer 11

1. It can be a slow and complex process
2. The House of Lords are unelected and not representative
3. Local issues are not considered

Question 12

What are five influences on parliament?

Answer 12

1. Party Manifestos
2. Media and Public Opinion
3. Pressure Groups
4. Lobbying
5. Law Reform Bodies

Question 13

What are party manifestos and evaluation of this?

Answer 13

• Political parties are a group of MP’s who set out policies made during an election and influence the bills.
• They were democratically elected so likely represent a diverse viewpoint
• They are held accountable if they do not deliver their promises
• However sometimes they may make promises in their manifestos which are unachievable
• These changes can be costly and open to criticism

Question 14

What is the media and evaluation of this?

Answer 14

• The media influences public opinions which pressures MP’s to act on heated topics, media coverage encourages responses of MP’s
• It is free press and allows the public to criticise the government and their policies
• This can influence different laws which leads to a well informed electorate
• It also addresses overlooked issues
• However it can lead to sensationalised views and distorted understanding meaning it can manipulate public opinion
• The government may respond with knee jerk responses which are poorly drafted responses

Question 15

What are pressure groups and evaluation of this?

Answer 15

• There are four main pressure groups which are =
  1. Interest Groups: Represent specific sections of society to advocate for their members
  2. Cause groups: Promote a specific cause or issue such as environmental groups
  3. Insider groups: They have direct contact with MP’s
  4. Outsider groups: No direct access to decision makers so use barely legal means to promote their cause
• They often provide valuable expertise and evidence on specific issues
• They often promote social change for right’s based causes
• However some groups may have a disproportionate influence over government policies
• They are not directly accountable or reflect views of broader population

Question 16

What is lobbying and evaluation of this?

Answer 16

• Lobbying is an attempt to influence or persuade law makers through direct communication
• Direct Lobbying is direct involvement with lawmakers
• Indirect Lobbying is influencing the public to sway public opinion to pressure lawmakers to act
• This can promote accountability and prevent decisions which benefit the most powerful
• Lobbying allows various groups to be well represented and have their interests heard by lawmakers
• It often is not transparent as happens behind closed doors so it does not truly consider public interest
• It may become over reliant on lobbyists and sway the opinion too much

Question 17

What law reform and evaluation of this?

Answer 17

• The Law Commission who are a permanent body and legal experts, they suggest areas of law that need reform and issues a consultation and draft bill to find interested views
• An advantage is that they have areas researched by legal experts and involves consultation. This considers whole areas of law
• A disadvantage is that government do not have enough time in parliament and do not always implement recommendations. They may also only focus on major issues

Question 18

What is parliamentary supremacy?

Answer 18

• This means that parliament are the only law makers
• This is also parliamentary sovereighnty

Question 19

How does Dicey’s rule of law impact parliamentary supremacy?

Answer 19

1. Parliament can legislate on any matter or any law it wants
2. No parliament can be bound by a previous act. Each government is free to make or change laws however some laws are so important they cannot be revoked
3. Cannot overule an act of parliament.

Question 20

What are advantages to parliamentary supremacy?

Answer 20

• Clear legislative authority as the laws reflect the electorate and their representatives
• Absense of judicial review which maintains the democratic process and ensures elected representatives hold legislative power

Question 21

What is the limits of parliamentary supremacy?

Answer 21

• An act can be incompatible with Human Rights law which can be challenged
• Devolution of different parliaments limiting supremacy in countries such as Welsh and Scotland
• EU takes priority over British Law

Question 22

What are the dangers of parliamentary supremacy?

Answer 22

• Potential abuse of power which can lead to unjust or oppressive laws
• Can create conflicts with international law
• The judiciary can create tension with parliament
• Impact of devolution challenging the notion of a single and unified parliament