Parliamentary Law Making - Paper 2 Flashcards
What is parliament - legislative process - concept of parliamentary sovereignty - evaluation of law making
What is parliament made up of?
- House of Commons
- Houser of Lords
- Monarch
How are the members of the house of commons chosen and how does this effect what chamber they are?
The house of commons is the elected chamber because the members of parliament are chosen through general elections.
What is the house of commons central role?
- Debating
- Scrutinising
- Passing laws
How are the lords appointed in the house of lords and why does that make it a technocratic house?
Lords are appointed or some are hereditary and so the house becomes technocratic because its members are appointed based on their expertise, knowledge and experience in specific fields.
What is the house of lords main role?
- Scrutinise legislation
- Refine legislation
Why were the parliament acts introduced?
To reduce the power of the unelected house of lords in the law making process
Explain what happened in both of the parliament acts and give the year it took place:
- Parliament Act 1911 = removed the lords ability to veto money bills completely and limited power to delay public bills.
- Parliament Act 1949 = Further reduced the lords power to delay non money bills
What is the main constitutional duties of the monarch?
- Opening and dissolving parliament
- Approving bills
Give the main stages of the parliamentary process:
- First reading
- Second reading
- Committee stage
- Report stage
- Third reading
- Over to the other house
- Consideration of amendments
- Royal assent
Explain what happens in the first reading:
The bill is introduced
Explain what happens in the second reading:
The general principles of the bill are debated on by MPs or Lords and a vote is taken
Explain what happens in the committee stage:
The bill is examined in detail by a committee of MPs or Lords
Explain what happens in the report stage:
The committee reports back on the changes made
Explain what happens in the third reading:
The final version of the bill is debated and voted on
Explain what happens in the over to the other house:
The bill moves to the other house to go through the same stages
Explain what happens in the consideration of amendments:
Both houses must agree on the final version of the bill.
Explain what happens in the royal assent:
Once both houses agree, the bill receives royal assent from the monarch and can become law.
What are the two phases of the legislative process?
1) Green and white papers
2) Bills
Name the three different types of bill and give an example case of each:
- Public bill (the coronavirus act)
- Private bill (the transport act)
- Private members bill (the homelessness reduction act)
Name the key function of parliament:
Law making and holding the government account
Name the key function of the executive:
Enforcing laws and running government affairs
Name the key functions of the judiciary:
Interpreting and applying the law
What two ideas is Dicey’s conception based on?
- Unlimited legislative authority
- No challenge to acts of parliament
Give three ‘challenges’ to parliamentary sovereignty:
1 - Devolution
2 - Human rights
3 - International treaties
Give an advantage and disadvantage of the parliamentary process:
Advantage is that it is democratic so it does take into account the voice of the people.
Disadvantage is that it is time consuming and complex and so can take a very long time which only increases the problem.