Parliamentary Law Making Flashcards
What are green papers?
Issued by a minister
Consultative document on law reform
Parties can recommended
What is a white paper?
Consultative document with firm proposals for law reform.
What are government bills and how is it introduced?
Bill by the government introduced by a government minister.
What is a private members’ bill and how is it introduced? + example
Bill by private MPs. Introduced by a
ballot: MPs present a bill or 10 min rule: introducing a bill under 10 mins.
eg: WASTE RECYCLING ACT 2003
What is a public bill? + example
Involves matters of public policy and affects general public
Example: DIGITAL ECONOMY ACT 2017
What are private bills? + example
Affects specific individuals or organisations. eg: LEEDS CITY COUNCIL ACT 2013
What are hybrid bills? + example
Mix characteristics of public and private bills. They affect the general public and specific individuals.
Example: cross rail bills
Who must pass a bill?
Both houses of parliament
Where do bills start?
House of commons or lords. Finance bills start in the house of commons.
What is the procedure of a government bill in the house of commons?
First reading: Name and aim read out
Second reading: main debate of principles and vote
Committee stage: 16-50 MPs examine the bill then accept or reject based on a vote.
Report stage: Committee reports back amendments they’ve made. Then a vote.
Third reading: final debate then a vote.
What is the procedure of a government bill in the house of lords? + example
If lords make amendments, commons must approve.
PARLIAMENT ACTS 1911 & 1949 the lords can delay a bill becoming law once the commons have approved it.
Final stage is royal assent where the monarch gives approval of the bill.
What are the five influences on parliamentary law making?
Political Influences Strong Public Opinion The Media Pressure Groups Law Commission
Advantage and disadvantage of political influences? + example
+ Efficient process as government has majority : EUROPEAN REFERENDUM ACT 2015
- Changes in law can be costly and open to criticism
Advantage and disadvantages of strong public opinion? + example
+ Influenced by a specific event and influences parliament
- Government responds too quickly and this leads to poorly drafted law: Dangerous Dogs Act 1991
Advantages and Disadvantages of media?
+ They can criticise government policy and bring issues to attention of the government
- Media can manipulate the news
Advantages and disadvantages of pressure groups?
+ Issues can be drawn to the attention of the government
- Seeking to impose their ideas even when the majority don’t support the views
Advantage and disadvantage of law commission
+ Areas of law are being researched by legal experts
- Reforms don’t always get implemented due to lack of time
What is the doctrine of parliamentary supremacy/sovereignty?
- No limits on what laws can be made. Can change parliament laws.
- Parliaments should be free to make and change laws as it wishes. It can repeal any acts.
- No other body can overrule an act of parliament R (MILLER) V SECRETARY OF STATE FOR EXITING THE EU
What are the 4 limitations on parliament supremacy?
- Impractical to repeal certain acts eg STATUTE OF WESTMINSTER 1921 states uk statues shouldn’t extend to commonwealth countries.
- All Acts of Parliament must be compatible with the european convention on human rights: H v MENTAL HEALTH REVIEW TRIBUNAL 2001
- Due to SCOTLAND ACT 1998 and WALES ACT 1998 parliament’s supremacy has been lost in these areas
- While the UK is a member of the EU there are limitations as EU law takes priority eg MERCHANT SHIPPING ACT 1988
