parliamentary law making(topic 1)

Question 1

define unwritten constitution(uncodified)

Answer 1

a constitution with its fundamental laws and principles that are not written down.

Question 2

define written constitution(codified)

Answer 2

a constitution that has fundamental laws and principles written down in one or a series of documents usually known as a bill of rights

Question 3

what is the bill of rights?

Answer 3

these are entrenched rights(cannot be removed)

Question 4

1 pro and 1 con on the Bill of Rights?

Answer 4

pro: creates clarity con: hard to change

Question 5

what is parliamentary sovereignty?

Answer 5

parliament is sovereign

Question 6

what are the 3 theories on Av Dicey’s theory on parliamentary sovereignty?

Answer 6

1)parliament can make or unmake any law
2)no parliament can bind another
3)no act of parliament can be challenged by the court

Question 7

what are the three branches in the separation of power

Answer 7

1) judiciary(courts)
2)legislature(parliament)
3)executive(elected government)

Question 8

who created separations of power

Answer 8

Montesquieu(18th century French philosopher)

Question 9

benefits of separation of power

Answer 9

benefits: limits one branch getting too much power which avoids tyranny

Question 10

what is the rule of law

Answer 10

the principle that all people and institutions are to be accountable to the law that is fairly enforced

Question 11

What are A.v Dicey’s features of the rule of law

Answer 11

1)no breach without sanction
2)one law should be given to everyone
3) The rights of individuals are secure by the decision of an independent judiciary

Question 12

what are pressure groups giving an example?

Answer 12

groups that promote a particular idea or belief.
e.g - Housing Act 1997

Question 13

what is a king’s speech and give an example?

Answer 13

read from the throne in the House of Lords, which intends for laws proposed by the government to be passed through parliament in the coming year.
e.g conservative party manifesto 2015

Question 14

what is media and give an example?

Answer 14

Newspaper campaigns/petitions
e.g Sarah’s law

Question 15

what is lobbying and give an example?

Answer 15

when an individual or a group tries to persuade someone in parliament to support a particular campaign
e.g the obesity APPG

Question 16

what is a manifesto and give an example?

Answer 16

promises made in the election campaign
e.g Labour Party 2024 (raise teachers’ pay)

Question 17

what is green paper?

Answer 17

a consultive document when the government puts forward proposals

Question 17

what is public opinion and give an example?

Answer 17

what people think about politics
e.g Brexit 2016

Question 18

what are the three types of bills

Answer 18

1)private members bill
2)public bill
3)private bill

Question 18

what is white paper?

Answer 18

government firm proposals for new law

Question 18

What is a public bill, and what is an example?

Answer 18

a bill that involves the public policy that affects the whole country or a large section of it.
e.g
- legal services act 2007
- criminal justice and courts act 2015

Question 18

what happens once the white paper has been published?

Answer 18

it becomes a draft bill put before parliament

Question 18

what are private bills and give an example?

Answer 18

only affects individual people or corporations
e.g Faversham oyster fisher company Bill in 2016(changing how the company is run)

Question 19

what are private members’ bills?

Answer 19

individual MPs that introduce a bill into parliament- they are known as backbenchers because they do not sit in the front row in the House of Commons.

Question 20

what does the legislative process contain?

Answer 20

1)green paper
2) white paper
3)draft bill
4)first reading
5)second reading
6)committee stage
7) report reading
8) third reading
9) other house(HOL)
10)royal assent

Question 21

what is the first reading?

Answer 21

title(proposal) is to be read to the House of Commons

Question 22

what is the second reading?

Answer 22

proposals fully debated- MPs vote on whether to proceed

Question 23

what is the committee stage?

Answer 23

detailed examination- amendments can be made

Question 24

what is report stage?

Answer 24

committee reports back to the House of Commons where then a vote is taken

Question 25

what is the third reading?

Answer 25

Bill is re-presented to the house - vote is taken

Question 26

what is the other house(house of Lords)?

Answer 26

Bill then goes to the HOL going through a similar process as the Commons, any amendments must go back to the Commons for consideration

Question 27

what is a Royal assent?

Answer 27

final symbolic stage- the king agrees(forced) into passing the act of parliament.

Question 28

what is the commencement date?

Answer 28

this is where an act will either state a date when it will commence or pass responsibility to the appropriate minister to decide the commencement date

Question 29

how does the minister set the date?

Answer 29

by issuing a commencement order

Question 30

.(commencement date)does this apply to the entire act?

Answer 30

the commencement applies to specific sections of an act.

Question 31

3 main problems this may cause?(commencement date)

Answer 31

1)it may not be in the interest of people if ministers choose a date
2)slightly undemocratic
3)lacks clarity(e.g public order act 2023)