Parliametary Law Making (Advantages And Disadvantages)

Question 1

What are the influences on law making?

Answer 1

• Political influences.
• Public opinion/media.
• Pressure groups.
• Lobbyists.

Question 2

What are the advantages of political influences?

Answer 2

• Each party has its proposals for reform ready so that if they are elected they and the people know what they wish to do.
• Gov have the majority in H of C so virtually every law it proposes will be passed. In this way the gov is reflecting the majority of the electorate.

Question 3

What are the disadvantages of political influences?

Answer 3

• New gov may decided to repeal or alter some of the laws that the previous gov passed. Changes in the law this way can be costly and open to criticism.
• Where a gov has a very small majority it may be restricted in what laws it can propose.
• Coalition govs often mean compromises must be made. Like in the 2010-15 conservative and Liberal Democrat coalition, it can be said that the majority of the electorate did not vote for this coalition and compromise so the gov did not reflect the will of the electorate.

Question 4

What are the advantages of public opinion?

Answer 4

• Some public opinions will be affected by specific events and these may also play a role in formulating the law. E.g. the situation with gun laws.
• The UK has a free press so members of the press are able to criticise gov policy or bring issues to the govs attention. E.g. 2009 issues with MP’s expenses claims.
• Comments about an issue can be made online instantly allowing gov to consider a law while fresh in the public’s consciousness.

Question 5

What are the disadvantages of public opinion?

Answer 5

• Gov may respond too quickly to high profile incidents (knee-jerk reaction) leading to laws being created too quickly and not be thought through. Seen with the Dangerous Dogs Act 1991.
• Media may also manipulate and create public opinion.

Question 6

What are the advantages of pressure groups?

Answer 6

• Some have large memberships that can exceed political parties. They can raise issues of concern to a large number of people.
• Pressure groups often raise important issues. E.g. environmental groups have made the gov more aware of the damage being done to our environment.

Question 7

What are the disadvantages of pressure groups?

Answer 7

• It can be argued that pressure groups are seeking to impose their ideals, even where the majority of the public do not support them.
• There are occasions when two pressure groups have conflicting interests and want opposing things. This was seen when the ban against fox hunting was considered.

Question 8

What are the advantages of lobbyists?

Answer 8

• They bring issues to the attention of MPs, leading to possible debate in parliament.
• Professional lobbyists are good at presenting the issues in the best way and making a case for the issue.
• It is a system that can be used by anyone.
• Procedures in place to allow individuals to have access to their MP for the purpose of lobbying both at parliament and at local constituency level.

Question 9

What are the disadvantages of lobbying?

Answer 9

Using professional lobbyists can lead to an abuse of the process (seen when MP were payed to ask questions, cash-for-questions). It means that financially successful businesses or other organisations have more influence than ordinary members of the public.

Question 10

What are the advantages of the legislative process?

Answer 10

• Its democratic.
• It can lead to full reform.
• It can have a broad policy.
• Consultation takes place.

Question 11

What are the disadvantages of the legislative process?

Answer 11

• Lack of time.
• Long process.
• Government control.
• Complexity.

Question 12

Why is the legislative process being democratic an advantage?

Answer 12

Parliamentary made law is made by our elected representatives. Parliament is answerable to the electorate, as there is a general election at least once every 5 years. A gov can be voted out of office if it has not performed as the electorate expected.

Question 13

Why is the legislative process being able to cause full reform an advantage?

Answer 13

• Acts of parliament can reform whole areas of law in one Act, making law simpler to find.
• E.g. The Fraud Act 2006 abolished all old offences of deception and fraud and created a newer and, hopefully, simpler structure of offences.
• Judges can however only change very small areas of law as they can only rule and create a precedent on the point of law in the case they are hearing. (This can be seen as both an advantage and disadvantage).

Question 14

Why is the legislative process having a broad policy an advantage?

Answer 14

• Acts of parliament can set broad policies and give power to others (often gov ministers) to make detailed rules (delegated legislation).
• This is an advantage because the general structure is laid down by parliament but it allows greater detail in the law than if it was just contained in an Act of Parliament.

Question 15

Why is consultation in the legislative process an advantage?

Answer 15

• Before a bill is presented to Parliament there will have been consultation on the proposed changes to the law.
• Allows gov to take into account subjections and objections to the proposals.
• The use of Green and White Papers also ensures that the proposed law has received consultation.
• As Bills have to be debated by both Houses, the new law will be thoroughly discussed in Parliament.

Question 16

What is another key advantage of laws being made by Parliament through the legislative process?

Answer 16

Law made by parliament is certain as it cannot be changed except through another Act of parliament.

Question 17

Why is lack of time a disadvantage in the legislative process?

Answer 17

Parliament does not always have time, or political will, to consider all the reforms that are proposed. An example of this is the law on offences against the person. The original act dates back to 1861 and the Law commission has express the need for it to be updated when they proposed changes in 1993. The gov accepted in 1997 and published a draft bill in 1998 but it has still not been put before parliament.

Question 18

Why is the legislative process being long a disadvantage?

Answer 18

When the gov introduces a Bill into parliament the process of it becoming an Act can take several months. The original Bill can also be altered during the process meaning the final Act may not be as clear as it might have been.

Question 19

Why is government control a disadvantage in the legislative process?

Answer 19

The gov is in control of the parliamentary timetable and allows little time for private member’s Bills which often address important moral issues. Even if a private member’s introduces a Bill the gov can easily vote against it.

Question 20

Why is complexity a disadvantage in the legislative process?

Answer 20

Acts of parliament are often long and complex making them difficult to understand (many appeal cases in Supreme Court deal with interpretations of Acts of parliament). Where a lot of detailed rules are needed, it is not always to include them in an Act of parliament. Even if detail is given it cannot be changed without another later Act. When delegated legislation takes place it can often be hard to find these detailed laws which have to be read with the original Act.