Parliamentary law making

Question 1

explain the pre-legislative process (2)

Answer 1

1) green paper
2) white paper (bill)

Question 2

what is a green paper

Answer 2

consultative document (first draft) - open to opinions + comments

Question 3

what is white paper

Answer 3

bill - final draft

Question 4

7 stages in law making

Answer 4

1) first reading
2) second reading
3) committee stage
4) report stage
5) third reading
6) HoL
7) royal assent

Question 5

explain the first reading

Answer 5

main aims read out - let members aware of bill

Question 6

explain second reading

Answer 6

explain purpose, ask questions, debate, vote

Question 7

explain the committee stage in the HoC

Answer 7

small group of MPs (16-50) with specialist knowledge - go through bill and make amendments

Question 8

explain committee stage in HoL

Answer 8

all Lords go through bill in great detail (in lines)

Question 9

explain report stage

Answer 9

give bill back to HoC and go through amendments

Question 10

explain third reading

Answer 10

final vote on bill - happy with presentation + amendments?

Question 11

explain the HoL stage

Answer 11

ping-pong process - amendments made in HoL must be approved by HoC. HoC can overrule HoL if they don’t agree (Parliament Act 1911 + 1949)

Question 12

explain royal assent stage

Answer 12

monarchy approval - commencement order?

Question 13

name 3 influences on law making

Answer 13

1) The Law Commission
2) Pressure Groups
3) Public opinion/ media

Question 14

what act set up the independent body of the Law Commission

Answer 14

The Law Commission Act 1965

Question 15

who is the chairman of the law commission

Answer 15

high court judge (plus experienced lawyers + academics)

Question 16

what is the role of the law commission

Answer 16

review + update the law by recommending changes to government

Question 17

what is codification with example

Answer 17

bringing together all the law on a topic into a single act. e.g. Code A of PACE (powers available for stop and search)

Question 18

what is consolidation with example

Answer 18

bringing all existing provisions relating to an area into one act e.g. CJA/ Sexual Offences Act

Question 19

what is repealing with example

Answer 19

identifying out-of-date acts e.g. Coroners and Justice Act abolished provocation and created loss of control as a defence to murder

Question 20

what 3 things do law commission do

Answer 20

1) codification
2) consolidation
3) repeal

Question 21

2 positives of the law commission

Answer 21

1) legal experts
2) independent body

Question 22

an example of the law commission acting as an independent body

Answer 22

LC suggested removing sexual infidelity as justification fir murder of a spouse

Question 23

2 negatives of law commission

Answer 23

1) failure to implement reforms
2) lack of parliamentary time

Question 24

give an example of the law commission’s failure to implement reforms

Answer 24

non-fatal Offences Against the Persons Act still waiting for reform

Question 25

give an example of parliament having a lack of time

Answer 25

Lord Chancellor said in 2012 criminal reforms are not a priority

Question 26

what are pressure groups

Answer 26

groups with a particular interest

Question 27

what methods do pressure groups use - 3

Answer 27

lobbying, contacting their MP, media

Question 28

what 2 types of pressure groups are there

Answer 28

- sectional pressure groups - cause pressure groups

Question 29

what is a sectional pressure group with example

Answer 29

represents a particular group of people e.g. Law Society represents Solicitors' interests

Question 30

what are cause pressure groups with 2 examples

Answer 30

they promote a particular cause e.g. Greenpeace (environmental) + Amnesty (Human Rights)

Question 31

what do pressure groups make the government do (2 with examples)

Answer 31

- reconsider law of certain areas e.g. in 2000 age of consent for homosexual acts in private reduced to 16 - sometimes campaign against a proposed change e.g. Justice and Liberty campaigned against the restriction of rights to trial by jury

Question 32

2 positives of pressure groups with examples

Answer 32

1) raise awareness - e.g. 'All Out': promoting equal rights of lesbians + gays through media e.g. Facebook 2) forgotten issues - e.g. Greenpeace

Question 33

2 negatives of pressure groups

Answer 33

1) biased - e.g. Fathers for Justice: failing to see that mothers + government want what's best for children 2) immoral means - e.g. Animal activists damaging scientific labs

Question 34

examples of media

Answer 34

TV, radio, newspaper, magazines, social media

Question 35

example of members of the public making their views known to Parliament by contacting media

Answer 35

Sarah's law - 'name and shame' campaign following the murder of a child by a sex offender

Question 36

2 positives of public opinion/ media with examples

Answer 36

1) government awareness - e.g. Snowdrop campaign set up after dunblane Masacre led to banning of hand guns 2) free press - able to criticise government policy or bring issue to attention of government

Question 37

2 negatives of public/ media with examples

Answer 37

1) 'knee jerk' reaction - government reacting too quickly to high-profile incidents e.g. Dangerous Dogs Act 1991 - wording led to disputes 2) self interest - e.g. The Sun supported the conservative party and reported favourably on Margaret Thatcher's government policies

Question 38

who carries out reforming law through the law commission

Answer 38

the Law Reform

Question 39

what is the Law Reform

Answer 39

an independent, permanent law reform body set up by the Law Commission Act 1965

Question 40

the role of the Law Reform

Answer 40

'keep under review all the law' by recommending changes to the government (s3 LCA 1965)

Question 41

how many out-of-date acts have been repealed

Answer 41

over 3000