Parliamentary Law Making - Advantages & Disadvantages of the Legislative Process Flashcards

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1
Q

How is the process democratic?

A

It’s dominated by the elected gov. MPs in the HoC are elected to represent the views of their constituents. So they aren’t making laws within their own interests.

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2
Q

Why are Green and White Papers high quality?

A

Consultation takes place with Green and White Papers before Bill is introduced to Plm. Followed by debates by both HoP. This means that the proposals will be of high quality

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3
Q

How can laws be made simpler to find?

A

Full reform of whole areas of law and AoPs can be done. Makes laws simpler to find E.g. Fraud Act 2006 – created a simpler structure of fraud and deception offences.

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4
Q

Why is the flexibility provided by bills a benefit

A

The flexibility provided by different types of bills is good as MPs and Lords can propose a new law. It’s useful when gov doesn’t want to introduce controversial laws like Abortion Act 1967.

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5
Q

Why is it good that the government controls the process?

A

They control the timetable for debate and can pass any legislation it wants (with a large majority) – this is good because they have been elected to do this.

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6
Q

What is good about the House of Lords as a checking mechanism?

A

They stop gov from making self-serving laws. They have experience and expertise so there are high levels of scrutiny in debates.

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7
Q

Why is it also bad that the government controls the process?

A

They can pass any bill they want “elective dictatorship”.

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8
Q

What is the problem with the speed of the process?

A

Slow long process to make new laws from Bills. This means that potentially important laws will be passed after a long peoriod of time.

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9
Q

What is wrong with Acts of Parliament being too complex?

A

This makes them difficult to understand e.g.: Renton committee 1975, the language was too complex. Leads to disputes over interpretation of Acts.

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10
Q

How can the process also be undemocratic?

A

Monarch and HoL aren’t elected. Also elected MPs may be persuaded to vote within their party rather than in concordance with the constituents they represent.

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11
Q

What is a secondary problem with the process being slow and long?

A

Lack of Parliamentary time to consider all the proposed law reforms e.g.: the reform of the law of non-fatal offences. Proposed in 1993 and 2015 my LC (still awaits reform).

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