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Law Unit 2 > Parliamentary Law Making > Flashcards

Parliamentary Law Making Flashcards

- Influences on parliament: political, public opinion, pressure groups and lobbyists - Legaslative process- Green and white papers, different types of bill, legislative stages in the House of Commons and the House of Lords and the role of the Crown. - Advantages and disadvantages of influences on law making - Advantages and disadvantages of the legislative process.

1
Q

What is legislation?

A

A law made by the parliament
Or
A law made with the authority of parliament

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2
Q

What’s the difference between the personnel in the House of Commons and the House of Lords?

A

One is elected, one isn’t

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3
Q

Who is a crown?

A

Head of state i.e (Queen)

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4
Q

Who is a cabinet made of?

A

Senior MPs

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5
Q

What does a cabinet do?

A

Decide government policies

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6
Q

What does a minister do?

A

Be the head of the department

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7
Q

Whom is a minister and who decides this?

A

An MP appointed by the PM

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8
Q

Who is the “opposition”?

A

Runner-up party in an election

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9
Q

What is a backbench MP?

A

Individual MPs who are not part of the opposition

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10
Q

Who is a peer?

A

Someone who is elected to sit in the House of Lords

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11
Q

Constituency

def:

A

An area whose voters elect a representative to a legislative body.

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12
Q

A general election is where people vote for a new __ every _ years

A

Where people vote for a PM every 5 years

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13
Q

Draft legislation = A b_____

A

bill

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14
Q

Three examples of legislation are:

  • The Human Rights Act ____
  • The Offences against the person act ____
  • The Juries Act ____
A
  • Human Rights Act 1998
  • Offences against the person Act 1861
  • The Juries Act 1974
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15
Q

How many MPs are there?

A

650

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16
Q

What are the two roles of the Houses of Commons

  1. To Introduce, debate and scrutinise new ___
  2. Vote on the passage of a b___ through parliament
A

bills

Bill

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17
Q

Which house has the most power in the legislative process? Why?

A

The house of commons because they’re elected

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18
Q

If the House of Commons wish to, they can get a law passed with a ___ year delay

A

One-year delay

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19
Q

True or false: Hereditary peers have been abolished

A

True

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20
Q

There are over ___ peers

A

800

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21
Q

The house of lords has two main roles

  1. R___ proposals from the House of Commons
  2. Introduce u______ proposals
A
  1. Review proposals

2. Introduce uncontroversial proposals

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22
Q

True or false: The commons accepts most amendments made by the Lords

A

True

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23
Q

The main role of peers is to r___ b__ from the commons

A

Revise bills

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24
Q

According to the Parliaments Acts 19__ and 19__, The house of lords can delay the bill for one year if they disagree with it.

A

Parliament Acts 1911 and 1949

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25
Q

True or false: The house of commons can’t pass a bill without the Lords’ permission

A

False

-They can, they just have to wait one year

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26
Q

True or false: The Hunting Act 2004 was passed without the Lord’s approval

A

True

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27
Q

Which bill was passed without the Lords’ approval?

A

The Hunting Act 2004

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28
Q

The Queen does three things

  1. Summons _____
  2. Dissolves Parliament so an election can be held using the R__ P____
  3. Gives royal ____ to bills
A
  1. Summons parliament
  2. Royal Prerogative
  3. Royal Assent
29
Q

There are ___ types of public bills

A

2

30
Q

The two types of public bills are

  1. G___ bills
  2. P_____M____ Bills
A

Government Bills

Private Member bills

31
Q

Government bills are sponsored by the ____

A

government

32
Q

Private members bills are sponsored by _____ ___

A

Individual backbench MPs

33
Q

An example of a public bill is the___ ___ Act 1998

A

Human rights act 1988

34
Q

An example of a government bill is the ____ of ___ Act 1999

A

House of Lords Act 1999

35
Q

An example of a private members bill is the ____ Act 1967

A

Abortion Act

36
Q

Why do private members bills have a lower rate of success?

A

Less parliamentary time is allocated to them

37
Q

Who introduced the Abortion Act 1967?

A

David Steel

38
Q

What act did Sidney Silverman introduce?

A

Murder (Abolition of Death Penalty Act 1965)

39
Q

True or false: private member bills can be introduced by the House of Lords

A

True

40
Q

Name a private member bill that was introduced in the house of Lords

A

The Terminally ill bill 2006

41
Q

What is the difference between a public and private bill?

A

One effects all of society, another effects one group/individual in society

42
Q

An example of a private bill is the Edward ____ and Doris ___ ___ ___ e____ Act 19__

A

Edward Berry and Doris Eileen Ward Marriage enabling act 1980

43
Q

Green papers are c___ documents produced by the government

A

Consultation

44
Q

Hybrid bills are a cross of ___ and private bills

A

Public

45
Q

An example of a hybrid bill that affected residents and landowners of Kent is:

A

Channel Tunnel (Rail link) Act 1996

46
Q

A hybrid bill is enacted by the ____ and if enacted will affect an group of ___ or an ____

A

government
people
organisation

47
Q

Government bills have a ____ success rate

A

high

48
Q

Approximately ____% of government bills are produced by _____

A

25%

routine.

49
Q

An example of a government bill produced due to a particular issue

A

Football Spectators Act 1989

50
Q

Private members bill is introduced through

A

the 10 minute rule or a ballot.

51
Q

What is the problem with the 10 min rule?

Hint: Popularity and difficulty of private member bills

A

Since MPs must be the first in line to the Public Bill office 15 working days before they intend to introduce the bill, they have been known to sleep outside the office.

52
Q

Since ____, over ____ private members bills introduced under the 10 min rule ____________________

A

1945

have become law

53
Q

An example of a law that went through the 10 min rule and became law

A

Divorce Act 2002

54
Q

What is the difference between green and white papers?

A

Green papers: First stage, come before the government has a clear direction on what to do and contains numerous suggestions for interested groups to comment on.

White papers: The presentation of a potential government policy for interested groups to comment on.

55
Q

What is the ballot?

A
  1. Annually, any MP who wants to can place their name in a ballot box.
  2. 20 names are picked from the box and placed in rank order
  3. Realistically, due to time constraints only the top 3-6 will be able to present their bill.
56
Q

What is the 10 minute rule?

A
  1. One MP has 10 mins to present a bill
  2. Another has 10 mins to argue against it.
  3. The house all vote whether it should continue to go through.
57
Q

Private member bills that are successful tend to be.

  1. supported by ___ such as the _____ Act ___
  2. a matter of morals, not party politics such as the ____ Act ___
  3. Detailed, technical and dealing with a minor area of law such as the ______ Act ____
A

government- Hunting Act 2004
Abortion Act 1967
Timeshare Act 1992

58
Q

What are the 8 stages of a bill?

A
  1. First Reading
  2. Second reading
  3. Committee stage.
  4. Report stage
  5. Third reading
  6. House of Lords
  7. Royal assent
  8. Commencement and duration.
59
Q

An example of a green paper is

A

“Special educational needs and disability” issued in 2012 proposing a new approach to identifying SEN

60
Q

The primary purpose of a green paper is

A

To allow people both inside and outside Parliament to debate the subject and give the department feedback on its suggestions.

61
Q

What happens during a first reading?
1.
2.
3.

A
  1. Title of bill is read
  2. Bill is ordered to be printed
  3. Date set for second reading (this will be in 2 weeks if it is a government bill)
62
Q

What happens during a second reading?

A
  1. Outlines main principles and summarises most important clauses. No amendments will be made to individual clauses.
  2. Opposition spokesperson will respond and there is a debate on general principles.
  3. There is a vote on a bill- if the house votes against it then it won’t go any further
63
Q

What happens during the committee stage?

A
  1. Each clause is debated and voted on individually by a standing committee of 15-60 MPs.
  2. Government produces explanatory materials to set out the meaning of the bill.
  3. Amendments can be made in spirit of the bill.
64
Q

What happens during the report stage?

A
  1. The bill goes back to the whole house so all MPS can speak and vote.
  2. Amendments are discussed.
  3. Further amendments can be made.
65
Q

What happens during the third reading?

A
  1. BILL IS REVIEWED IN FINAL FORM.
  2. Minor amendments can be made but not substantive ones.
  3. It either goes to the house of lords or back to the standing committee.
66
Q

What happens in the house of lords?

A
  1. All stages are repeated (not for finance and tax bills though)
  2. Amendments can be made but must be agreed upon by House of Commons.
67
Q

What happens during commencement and duration?

A
  1. Commencement Date is when a new Act comes into force as says on the bill
  2. The law stays in place unless amended or repealed (abolition in full or in part)
68
Q

What are the advantages of the law making process.

4

A
  1. Democratic / An elected government having a strong majority.
  2. Thorough scrutiny
  3. Flexible (different ways of making a bill)
  4. HoL provides expertise
69
Q

What are disadvantages of the law making process.

A
  1. Undemocratic HoL
  2. Takes 7 months on average to pass a bill.
  3. An elected government having a strong majority.
  4. Old, outdated and complex language makes it inaccessible to public.

Law Unit 2 (17 decks)

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