parliamentary law making (P2) Flashcards
who makes up parliament?
the monarch, the house of lords, the house of commons
what does it mean to be a bicameral legislature?
legislations are divided into 2 separate assemblies (chambers or houses)
what is the constitution of the united kingdom?
the conventions, precedents and practices of parliament
what does it mean to call the monarch a ‘ceremonial figurehead’?
the monarch doesn’t actually exercise executive powers. parliament and the government may exercise executive powers in the monarch’s name
what are the three main political rights a monarch may exercise, according to Walter Bagehot?
-to be consulted
-to encourage
-to warn
what is the main difference between the house of commons and the house of lords?
the house of commons is democratically elected
how are members of parliament elected?
UK is divided into 650 constituencies, who each vote for an MP to represent them (general election every 5 years)
how are prime ministers / leading political parties decided?
the political party with the most MP’s in the house of commons makes the government, and their leader becomes prime minister (this is why the gov has the main say in new acts)
what makes up the house of lords?
-92 hereditary peers (inherit their title)(this is now not passed down)
-around 700 life peers (appointed by HoL appointments commission)
-26 most senior bishops in CofE
why can the house of commons override the house of lords in decisions?
because house of commons is democratic (imperfect bicameralism)
what is a green paper?
a consultative document issued by the gov putting forward proposals for reform of the law, often inviting suggestions
what is a white paper?
a document issued by the gov stating its decisions as to how it is going to reform the law (for info, not consultation)
what are the 4 types of bill?
-public bill (involve matters of public policy, affecting a large geographical area, most gov bills are this)
-private member bills (individual MP’s introduce the bill, known as backbenchers because they don’t sit in the front row of HoC, two ways of introduction; by ballot or through the ‘ten minute rule’)
-private bill (laws that only affect individuals/corporations)
-hybrid bills (cross between public and private, introduced by Gov but will only affect a particular person/place/organsiation)
what is the process of passing an act of parliament?
1-bill is drafted
2-first reading in HoC
3-second reading in HoC
4-committee stage
5-report stage
6-third reading in HoC
7-same procedure in HoL
8-royal assent
what happens at the first reading?
-the title and main aim of the bill are read
-no debates
-verbal vote to decide whether or not to take it to a second reading
what happens at the second reading?
-main policy areas of the bill are debated
-vote is taken on if it should move to the committee stage
what happens at the committee stage?
-16-50 MP’s conduct a line-by-line examination of the bill (usually chosen for their expertise in the area)
-debate every clause to refine language and amend any problematic issues
-vote taken on each amendment
what happens at the report stage?
-standing committee reports back to the HoC on any issues/amendments from the committee stage
-to ensure the amendments adhere to the principles set out in the second reading
-may make further necessary amendments which must be further approved by vote
what happens at the third reading?
-review the whole bill
-often just a formality
-after a successful vote, its passed to the house of lords where the stages are repeated
what are the differences in the stages of the HoC and the HoL?
-whole house conducts the committee stage
-due to the parliaments acts 1911 and 1949 they can only delay a bill (money bills =1 month, any others = 1 year, after which HoC can bypass HoL and go straight to royal assent)
-can pass the bill back and forth until a compromise is agreed (ping pong)
what is royal assent?
the monarch (or someone on behalf of) signs off the bill
-normally given by speaker on behalf of the monarch
what are the five influences on parliament?
-political
-media
-pressure groups
-public opinions
-lobbyists
what are political influences?
-when a political party publishes a manifesto promising to do something if put into power
-e.g. - the hunting act 2004 (outlaw fox hunting by the labour party)
-A - each political party has its proposals ready, a gov majority means most of their bills will be passed
-D - easy to make a promise, much harder to fulfil it
what are media influences?
-strong public opinion / high profile in the media on an issue
-e.g. private ownership of handguns banned after the dunblane massacre in 1996
-A - UK’s free press can bring any issues to gov’s attention
-D - responding too quickly leads to poorly drafted laws. media can manipulate the news to create public opinions
what are pressure group influences?
-either sectional (represent the interests of a particular group of people) or cause (promote a particular cause)
-e.g. laws against smoking in public places in 2007
-A - often bring important scientific discoveries to the gov
-D - two pressure groups could have conflicting interests
what are public opinion influences?
-views of the public
-e.g. leaving the EU
-A - if majority of the public has a view, parliament can safely pass legislation
-D - gauging public opinion can be difficult
what are lobbyist influences?
-professionals/organisations who try to persuade gov to enact/amend/repeal legislation that affects their interests
-e.g. bell pottinger private
-A - anyone can approach a lobbyist to present their interests in gov
-D - lobbyists are expensive, so may only represent those with money. accusations of dubious methods
what is the doctrine of parliamentary supremacy?
the concept that parliament holds the highest power and no-one can override their legislation
what’s an example of an act that contradicts the doctrine of parliamentary supremacy?
the human rights act 1998 - courts have the power to declare an act incompatible with the European convention on human rights
