parliamentary law making(topic 1) Flashcards
memorise
define unwritten constitution(uncodified)
a constitution with its fundamental laws and principles that are not written down.
define written constitution(codified)
a constitution that has fundamental laws and principles written down in one or a series of documents usually known as a bill of rights
what is the bill of rights?
these are entrenched rights(cannot be removed)
1 pro and 1 con on the Bill of Rights?
pro: creates clarity con: hard to change
what is parliamentary sovereignty?
parliament is sovereign
what are the 3 theories on Av Dicey’s theory on parliamentary sovereignty?
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
what are the three branches in the separation of power
1) judiciary(courts)
2)legislature(parliament)
3)executive(elected government)
who created separations of power
Montesquieu(18th century French philosopher)
benefits of separation of power
benefits: limits one branch getting too much power which avoids tyranny
what is the rule of law
the principle that all people and institutions are to be accountable to the law that is fairly enforced
What are A.v Dicey’s features of the rule of law
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
what are pressure groups giving an example?
groups that promote a particular idea or belief.
e.g - Housing Act 1997
what is a king’s speech and give an example?
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
what is media and give an example?
Newspaper campaigns/petitions
e.g Sarah’s law
what is lobbying and give an example?
when an individual or a group tries to persuade someone in parliament to support a particular campaign
e.g the obesity APPG
what is a manifesto and give an example?
promises made in the election campaign
e.g Labour Party 2024 (raise teachers’ pay)
what is green paper?
a consultive document when the government puts forward proposals
what is public opinion and give an example?
what people think about politics
e.g Brexit 2016
what are the three types of bills
1)private members bill
2)public bill
3)private bill
what is white paper?
government firm proposals for new law
What is a public bill, and what is an example?
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
what happens once the white paper has been published?
it becomes a draft bill put before parliament
what are private bills and give an example?
only affects individual people or corporations
e.g Faversham oyster fisher company Bill in 2016(changing how the company is run)
what are private members’ bills?
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.
what does the legislative process contain?
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
what is the first reading?
title(proposal) is to be read to the House of Commons
what is the second reading?
proposals fully debated- MPs vote on whether to proceed
what is the committee stage?
detailed examination- amendments can be made
what is report stage?
committee reports back to the House of Commons where then a vote is taken
what is the third reading?
Bill is re-presented to the house - vote is taken
what is the other house(house of Lords)?
Bill then goes to the HOL going through a similar process as the Commons, any amendments must go back to the Commons for consideration
what is a Royal assent?
final symbolic stage- the king agrees(forced) into passing the act of parliament.
what is the commencement date?
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
how does the minister set the date?
by issuing a commencement order
.(commencement date)does this apply to the entire act?
the commencement applies to specific sections of an act.
3 main problems this may cause?(commencement date)
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)
