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law paper 2 : English Legal system > Parliamentary Law Making > Flashcards

Parliamentary Law Making Flashcards

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1
Q

What is a green paper?

A

Consultative document on a topic in which the government view is put forward with proposals with law reform.

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2
Q

What is a white paper?

A

A consultative document with more firm proposals for law reform.

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3
Q

Where are most of the acts of parliament made from?

A

The government

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4
Q

What is a bill?

A

When the proposed law has been drafted and is published.

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5
Q

What are government bills?

A

Where a bill is put forward by the government.

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6
Q

What are private members bills?

A

Individual (private) MPs or peers to introduce a bill. They are not government ministers and are known as backbenchers.

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7
Q

What are the two ways a backbencher can introduce a bill?

A
  1. There is a ballot each parliamentary session in which20 MPs are selected who can take turn in presenting the bill.
  2. Under a ten minute speech made by any MP supporting the introduction of the bill.
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8
Q

Give an example of a private members bill

A

WASTE RECYCLING ACT 2003

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9
Q

What are public bills?

A

Most bills are introduced into parliament involve matters of public policy which will affect the general public.

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10
Q

Give an example of a public bill

A

DIGITAL ECONOMY ACT 2017

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11
Q

What is private bill?

A

A bill that will affect only a specific individual or organisation like local authorities or private companies.

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12
Q

Give an example of a private bill?

A

LEEDS CITY COUNCIL ACT 2003

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13
Q

What is a hybrid bill?

A

They mix the characteristics of public and private bill. They are very rare.

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14
Q

How can a bill become a statute?

A

Pass through both houses common and lords

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15
Q

What is the first reading?

A

Where the name and main aims are introduced. No vote

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16
Q

What is the second reading?

A

The main debate on the principles of the bill followed by a vote.

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17
Q

What is the committee stage?

A

Involves a committee of 16 and 50 MPs who examine the details of the bill clause by clause and suggest any amendments.

18
Q

What is the report stage?

A

Where the public bill committee report back any amendments. These will be debated which either accept or reject after a vote.

19
Q

What is the third reading?

A

The final debate on the bill and a final vote.

20
Q

What happens if the lords make amendments to the bill?

A

The commons will have to approve of it or they will be rejected.

21
Q

What is stated in PARLIAMENT ACT 1911 and 1949?

A

The lords can only delay a bill from becoming law. This is because the lords is not an elected body.

22
Q

What happens if the lords reject the bill?

A

Reintroduced into the House of Commons unaltered, the lords can bypass the bill onto royal assent.

23
Q

Give an example of the delaying power being used by the lords

A

HUNTING ACT 2004

24
Q

What is the final stage?

A

Royal assent

25
Q

What is royal assent?

A

Where the monarch gives approval to the bill and it becomes an act of parliament.

26
Q

What are the influences on parliamentary law making?

A 
Political influences 
Strong public opinion 
Media 
Pressure groups 
Law commission
27
Q

What are the advantages of being influenced by the political parties?

A

Each party has its proposals for reform so when elected they can put in into force. Also the fact that it’s the majority so they’ll easily vote for the bill.

28
Q

Give an example of political influence

A

EUROPEAN REFERENDUM ACT 2015

29
Q

A disadvantage of political influence?

A

If a different party if elected they might want to change or amend the law. This is costly and open to criticism.

30
Q

An advantage of public opinion influence?

A

Sometimes public opinion will be affected by an event and these play a role in influencing parliament.

31
Q

Give an example of public opinion influence?

A

FIREARMS ACT 1997

32
Q

A disadvantage of being influenced by public opinion?

A

Parliament might respond too quickly and lead to poorly drafted law.

33
Q

An example of poorly drafted law made from public opinion?

A

DANGEROUS DOGS ACT 1991

34
Q

Advantage of influenced by the media?

A

We have a free press, so they are able to criticise government policy or bring any attention of the government.

35
Q

Disadvantage of being influenced by the media?

A

The media can manipulate the news and create public opinion.

36
Q

An advantage of being influenced by pressure groups?

A

A wide range of issues are drawn to the government.

37
Q

Disadvantage of pressure groups influence?

A

Argued that they are only imposing their ideas whilst the majority of the public may not support their views.

38
Q

Advantage of being influenced by the law commission?

A
  • areas of law are researched by legal experts.
  • it consults before finalising a proposal
  • whole areas of law can be considered.
39
Q

Disadvantage of using the law commission.?

A

Does not always implement the reforms from law commission. Lack of parliamentary time.

40
Q

What is parliamentary supremacy?

A

No limits what parliament can make laws about. Also changes its own powers. Did this by the placing limits on the house of lord due to acts 1911 and 1949.
Each new parliament should be free to make or change what law it makes.
No other body has the right to overrule the parliament.

41
Q

What are the limitations on parliament supremacy?

A
  • Impractical to repeal certain Acts of Parliament. E.g. STATUTE COMMONWEALTH OF WESTMINISTER 1931 states that UK statutes should not extend to the commonwealth.
  • The HUMAN RIGHTS ACT 2008 states that all Acts of Parliament have to be compatible with the European Convention on Human rights.
  • The SCOTLAND ACT 1998 and WALES ACT 1998 have devolved (handed down) certain powers to the Scottish Parliament and to the Welsh assembly. As a result they make laws on some matters for their own countries without having get Parliament approval.
  • Limitations on parliamentary supremacy. EU law takes over priority over UK law. Shown in the MERCHANT SHIPPING ACT 1988.

law paper 2 : English Legal system (6 decks)

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