Parliamentary Law Making Flashcards

1
Q

What are the three branches of state in the UK according to Montesquieu?

A

Legislative, Judiciary, Executive

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2
Q

What is Parliamentary Sovereignty?

A

Parliament is the highest legal authority and can make law on anything it wants

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3
Q

List the limits to Parliamentary Sovereignty.

A
  • Devolution
  • Human Rights Act 1998
  • European Union Membership
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4
Q

What are the three parts that make up Parliament?

A
  • House of Commons
  • House of Lords
  • Monarch
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5
Q

How many Members of Parliament (MPs) are in the House of Commons?

A

650

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6
Q

What is the House of Commons known for?

A

Most powerful part of Parliament

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7
Q

What are the two key Acts that allow the House of Commons to bypass the House of Lords?

A
  • Parliament Acts 1911
  • Parliament Acts 1949
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8
Q

What constitutes the House of Lords?

A
  • 26 Lords Spiritual (Bishops)
  • 92 Hereditary Peers
  • 682 Life Peers
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9
Q

Who is the current constitutional monarch of the UK?

A

King Charles III

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10
Q

What is the role of the Monarch in the UK?

A

Figurehead with powers limited by laws and customs

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11
Q

What is the pre-legislative process?

A

Includes Green Paper and White Paper stages

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12
Q

What are the types of Bills in Parliament?

A
  • Public Bill
  • Private Members Bill
  • Private Bill
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13
Q

What is the first step in making an Act of Parliament?

A

First Reading

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14
Q

What happens during the Second Reading of a Bill?

A

Proposals are fully debated and MPs vote on whether to proceed

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15
Q

What is the purpose of the Committee Stage?

A

Detailed examination and amendments made

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16
Q

What is meant by ‘Ping Pong’ in the legislative process?

A

Amendments are sent back to Commons for approval

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17
Q

What is Royal Assent?

A

Monarch approves legislation, making it law

18
Q

What is an example of legislation passed without the House of Lords’ approval?

A

Hunting Act 2004

19
Q

List some advantages of the law-making process.

A
  • Several opportunities for debates and checks
  • Lords provide independent expertise
  • Laws made by elected MPs
  • Different types of bills can address various interests
  • Money bills must be introduced by the House of Commons
20
Q

List some disadvantages of the law-making process.

A
  • Ruling government wins most debates
  • Few private members bills get through
  • Government can pass laws if Lords reject them
  • Long process with many stages
  • Unelected Lords can block acts
  • MPs face pressure to vote with their party
  • Acts are often poorly drafted
21
Q

Explain what happens during the Green Paper and White Paper stages.

22
Q

Which Acts of Parliament allow Royal Assent to be given without the Lords’ approval?

A
  • Parliament Acts 1911
  • Parliament Acts 1949
23
Q

What is an example of legislation that has passed without the House of Lords’ approval?

A

Hunting Act 2004

24
Q

What makes up UK Parliament?

A

House of Lords
House of Commons
Monarch

25
Describe the legislative process
Green/white paper First and second reading Committee stage Report stage Third reading House of Lords Royal Assent
26
Green paper
Intention to change the law and outlines the format this change could take - published for the public/internet to comment on and interested parties are consulted to give their opinions
27
White paper
Parliament publish a positive proposal on the format the new law will take from the green paper
28
First reading
Title of prepared bill read to House of Commons
29
Second reading
Opportunity for MP's to debate the main principles of the bill - House of Commons will vote on whether the legislation should proceed
30
Committee stage
Detailed examination of the bill where each clause is agreed to, changed or removed taking into account debates made at the first and second hearing
31
Report stage
Committee reports back to the House of Commons and proposed amendments are debated and voted upon
32
Third reading
No amendments can be made at this stage, House of Commons votes on whether to reject or accept the legislation as it stands
33
What happens after the House of Commons has debated a bill?
The same process will repeat in the House of Lords, if they do not approve a process of 'ping-ponging' occurs between the Houses until both are happy with the contents of the bill
34
Royal Assent
The king must give his consent to all legislation before it can become law - final stage in the legislative process
35
Public bill
A piece of proposed legislation that will affect everyone. Usually government bills.
36
Private members' bill
A public bill introduced into Parliament by a member of the Lords or an MP; not proposed by a minister.
37
Private bill
A bill that affects only individuals or small groups.
38
Bill
The name for a proposed law under consideration in Parliament
39
Parliament Acts 1911 and 1949
Legislation limiting the power of veto of the House of Lords by allowing the House of Commons to pass legislation by itself.
40
Disadvantage of law making
As ruling government has most seats in Parliament they will win most debates.Very few private members bills get throughGovernment can pass a law even if Lords reject it by using Parliament Acts 1911 & 1949Process can take a long time as there are many stagesQueen and House of Lords are not elected but can block acts.MPs face 'whip' where they have to vote with what the party says and not their constituentsActs are not easy to read and often drafted badly
41
Advantage of law making process
Several opportunities for debates and checks.Lords are a good check as many peers are independent of the government and have expertise and knowledge Laws are made by elected MPs who act on behalf of their constituents Laws can be made by different types of bills which look after different interests Money bills have to be introduced by House of Commons and House of Lords can only delay passing for short time