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Law 01 > Parliamentary Law Making > Flashcards

Parliamentary Law Making Flashcards

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1
Q

What are influences?

A

Influences are the several different bodies that shape a law

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2
Q

What is the law commission? And what are the roles involved?

A

The law commission is an independent, permanent and full-time law reform body set up in 1965.
S.3(1) of the law commission act 1965 states that its role is to keep all law under review. It:
- Codifies
- Consolidates
- Repeals

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3
Q

What is Codification, and what is the example?

A

Codification is the bringing together of all law on a particular topic into one single act of parliament

Example: the criminal law and evidence team published a report on murder and homicide in November 2006 which was incorporated into the coroners report and justice act of 2009

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4
Q

What is consolidation, and what is the example?

A

It brings all statutory provisions relating to one area under a single act to make the law clearer and more accessible

Example: the education act of 1996

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5
Q

What is repealing, and what is the example?

A

To repeal is the removal of laws that have no further use or purpose (if they are out of date or irrelevant).

Example: law reform (year and day rule) act 1996 abolished the requirement for a victim to die within a year and a day of the defendants act for a successful charge of murder.

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6
Q

What are pressure groups, and what are their 4 main types?

A

A pressure group is a group of people who share similar ideas and campaign for changes in the law.

The 4 main types:

  • A sectional group
  • Cause groups
  • Insider groups
  • Outsider groups
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7
Q

What is a Sectional group?

A

Sectional groups are big groups which represent particular areas eg. The law society for solicitors

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8
Q

What are Cause groups?

A

A group that promotes a particular idea or belief.

eg. Greenpeace

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9
Q

What are insider groups?

A

An insider group are a group of people who have direct contact with the government ministries and MP’s

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10
Q

What are outsider groups?

A

Outsider groups don’t have access to decisions makers and they use direct action and barely legal measures to promote their cause
eg. FATHERS4JUSTICE

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11
Q

What is an example of a pressure group?

A

Jamie Oliver created a campaign for healthier meals in school, he used the media to promote his cause and he gained support of many sectional groups eg. The National Union Of Teachers (NUT). This lead to education for nutritional standards for school food regulations.

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12
Q

What is the media and how is it used in influences?

A

The media is newspapers, magazines, radio, television and the internet and it both represents and shapes the public opinion. The public can also make their view known by contacting the media and MP’s can communicate their concerns to the public.

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13
Q

What is example 1 of the use of the media as an influence?

A

The newspaper “The News of The World” ran a “name and shame” campaign following the murder of a child by a peodophile, the newspaper gathered support of the public by publishing the names, faces and addresses of known peodophiles which whipped the public into a frenzy, so the government was forced to act and the campaign lead to a creation of a law requiring that all local police stations must maintain a record of all convicted peodophiles in their area

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14
Q

What is example 2 of the use of the media as an influence?

A

Following the murder of Stephen Lawrence, the media became involved in a campaign to bring his killers to justice. The suspects were equitted and following new evidence they could not be tried under the Double Jeopardy Law, the media put pressure on this matter and over whelming public support lead to the abolition of this law.

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15
Q

What are the advantages of the Law Commission?

A
  • They are completely independent
  • They possess legal non-political expertise knowledge
  • Their investigations are extremely thorough and well informed
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16
Q

What are the disadvantages of the Law commission?

A
  • A 1/3 of nominations are not implemented
  • The government is not obliged to introduce proposals, and if it isn’t on their political agenda, they won’t
  • The process is lengthy
  • They can only investigate one thing at a time
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17
Q

What are the advantages of pressure groups?

A
  • They use a broad range of tactics
  • They have links with the media
  • They raise awareness to remind the government of important issues
  • They have a huge membership eg. The National Trust has over 2 million members
  • They have a sound knowledge of their cause
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18
Q

What are the disadvantages of pressure groups?

A
  • They use undesirable tactics eg. Fathers4Justice
  • They only represent a small minority of the public opinion
  • They are bias as they dont see both sides of the argument eg. Fathers4Justice only represent the interests of the fathers, they don’t see it from the mothers perspective
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19
Q

What are the advantages of the media?

A
  • It raises awareness of both the public and the government
  • It both represents and shapes the public opinion
  • They have strong links with pressure groups
  • They apply pressure to the government eg. ‘The Snow-Drop’ campaign, due to the fact that the media highlighted the importance of anti-gun laws eg. the success of the Stephen Lawrence case
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20
Q

What are the disadvantages of the media?

A
  • The newspapers are not politically neutral, they only favour one party
  • They only operate to make a profit
  • They fan whip the public into a frenzy eg. ‘The Name and Shame’ campaign
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21
Q

What are the three bodies capable for passing laws?

A
  • The House of Commons
  • The House of Lords
  • The Crown
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22
Q

Who are The Crown?

A

The Crown is the title given to the monarch who is the head of the state. Very little power remains with the monarch.

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23
Q

What is The Crown’s role in parliamentary law making?

A
  • To open each parliamentary session by the monarch reading a speech, which is tradition and must be carried out.
  • They give royal ascent to all legislation. This is purely a formality (rubber stamp).
  • They appoint and dismiss the prime minister.
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24
Q

Who are the House of Commons?

A
  • The House of Commons contain 650 members called MP’s who each represent their own constituency.
  • They are elected in general elections which occur every 5 years.
  • The leader of the party with the greatest amount of MP’s is the prime minister and therefore makes up the government.
25
Q

What is the role of the House of Commons in parliamentary law making?

A
  • To make new policy and to decide how to run the country, new politics require new law.
  • They have to DEBATE, SCRUTINISE and VOTE on whether to approve the laws proposed by the government.
  • They put forward their views and the views of the constituency they represent.
26
Q

Who are the House of Lords?

A

There are approximately 700 members who are unelected, unpaid and their attendance is voluntary. They either inherit their title (hereditary peers) or they are awarded their peerage due to their contribution to society and politics eg. Sir Alan Sugar (life peers) this peerage can not be inherited. This also includes all 26 Bishops of the Church Of England.

27
Q

What is the role pf the House of Lords in parliamentary law making?

A
  • They compliment the work of the House of Commons, and scrutinise and amend proposed legislation.
  • They debate events, policy issues and matters of current concern
  • They pose questions to the government.
28
Q

What are the stages of the Parliament’s process that both the House of Lords and the House of Commons are involved in?

A
  • First reading
  • Second reading
  • Committee stage
  • Report stage
  • Third reading
29
Q

What is a Bill?

A

A bill is a proposal of a new law, or a proposal of a change in an existing law, that is presented for a debate before parliament.

30
Q

What is a draft Bill?

A

Draft bills are bills issued for consultation before being formally introduced to parliament.

31
Q

What are the three types of bills?

A
  • A Private bill
  • A Public bill
  • A Hybrid bill
32
Q

What are the two types of Public bills?

A
  • Private Members bill

- A Government bill

33
Q

What is a Private Members bill?

A
  • They are proposed by the backbench of MP’s who are not part of the government lords.
  • Only a minority become laws.
  • Changes the law as it applies to the general population.
34
Q

What is a Government bill?

A
  • Proposed by the government ministers.
  • Most become laws because they are supported by parliament.
  • They start if as a Green Paper with brief proposals. They then become a White Paper with more detailed proposals. Then it becomes a fully-formed bill.
35
Q

What is a Green Paper?

A

It is the first process of drafting a Government bill (Public bill) it:

  • Provides details on the subject.
  • Is a discussion document.
  • The subject is then debated.
  • Provides and opportunity for the public to say what they think.
36
Q

What is a White paper?

A

It is the second process of drafting a Government bill (Public bill) it:

  • Is a more formal document produced by the government.
  • Feedback is then submitted.
  • Still gathers feedback before its formal presentation from specific interested parties.
  • Is then formally presented to parliament.
39
Q

What is a Private bill?

A
  • Private bills only change the law as it applies to specific individuals or organisations.
  • Private bills are normally promoted by organisations, like local authorities or private companies, to give themselves powers beyond, or in conflict with, the law.
40
Q

How are people informed of a Private bill?

A

Parliament requires that a private bill is publicised through newspaper adverts and writing to all interested parties and people who are going to be directly affected.

41
Q

What is an example of a Private bill?

A

A proposed site for a cemetery

43
Q

What is an example of a Hybrid bill?

A

They propose works of National importance but in a specific area ie. The Channel Tunnel bills passed in the 1970’s and the 1980’s that affected the South East of the UK.

45
Q

What is a Hybrid bill?

A
  • They have the mix of a public and a private bill.

- they affect the public but have a significant impact for specific individuals or groups.

46
Q

First reading in the House of Commons

A
  • A bill is introduced to parliament

- Main aims of it are read

47
Q

Second reading of the House of Commons

A
  • Main debate on problems
  • Amendments can be made
  • MP’s are usually whipped
48
Q

Committee stage in the House of Commons

A
  • Bill is referred to a committee
  • Detailed examination
  • Further amendments can be made
49
Q

Report stage of the House of Commons

A

The committee reports back to the House and any proposed changes are debated and voted on.

50
Q

Third reading of the house of commons

A
  • The bill is re-presented
  • No changes
  • A final vote
51
Q

First reading of the House of Lords

A

Same stages as HOC

52
Q

Second reading of the House of Lords

A

Same stages as HOC

53
Q

Committee stage of the House of Lords

A

Same stages as HOC

54
Q

Report stage of the House of Lords

A

Same stages as HOC

55
Q

Third reading of the House of Lords

A

Same stages as HOC, however further amendments can be made.

56
Q

Royal assent

A
  • Final stage
  • Consent must be given
  • Formality (stamp)
57
Q

Commencement

A

Commencement order.

58
Q

Advantages of the parliamentary law making process

A
  • Government control
  • Flexibility
  • Democratic
  • The HOL
  • Scrutiny
59
Q

Disadvantages of the Parliamentary making process

A
  • Staged Integration
  • Slow
  • Language
  • Undemocratic
  • Government control
60
Q

What is Parliamentary Supremacy?

A
  • It is one of the fundamental principles of our constitution which comes from democratic law making.
  • Bill of Right 1989: Parliament is the highest body in law making and the monarch cannot interfere.
  • the idea of that Parliament is SUPREME.
61
Q

What are the 3 main elements that affect Parliamentary Supremacy with regards to making legislation?

A
  • European Union
  • Devolution
  • Human Rights Act 1998
62
Q

The European Union

A
  • The UK joined in 1973.
  • The European Communities Act 1972 s2 (1) states that all provisions of EU law are given force of law in UK Acts of Parliament
  • EU law is supreme over UK law.
  • Ex parte Factortame No2 (1991) where Spanish men fishing in water were in trouble with UK law on fishing. The men complained that the UK fishing law in place was in direct conflict with the EU law that stated what they were doing was legal.
63
Q

Devolution

A
  • Devolution is the granting of power to other bodies
  • Westminster Parliament granted power for Scottish Parliament and Welsh Assemblies to create their own laws, independent of Westminster.
  • This does not really affect Parliament Supremacy as Parliament has granted them the right to do this and can take the power back if they so please by repealing the acts that granted it in the first place.
  • Westminster also retains the powers to pass certain laws that affect the whole of the UK.

Law 01 (3 decks)

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