SECTION A: parliamentary law making 12 MARKER PAPER 2 Flashcards
advantages
vast resources
change whole area of law at once
made democratically
involves the House of Commons as well
as the House of Lords and Monarch.
vast resources
take advice before making a law.P will consult with many interested parties and
experts and can arrange for national polls to be carried out to gauge public opinion. eg p wanted to extend drinking hours in pub so consulted police and more. good because P has much more information upon which to make good laws. however time consuming.
change whole area of Law at once
Parliamentary supremacy, P has the power to make, amend and repeal any laws. eg before 2006 lots of laws dealing with fraud that were complex. in
2006, P passed the Fraud Act which updated and simplified the law. good as laws can be solved quickly. however sometimes p don’t have time meaning things such as the OAPA 1861 do not get changed
made democratically
650 MPs who make up the House of Commons are elected. If the voting public are unhappy with the laws made by P, they will not vote them back in power in the general elections. The poll tax is an example of a law that was brought in by the Conservative Govt in 1990 but proved so unpopular. the laws made reflect what the majority of people want they are more likely to be obeyed. however some laws are too complex.
involves the House of Commons as well
as the House of Lords and Monarch.
three distinct groups can review and refine the law, but the main power does still lie with the democratic body (the HoC). when the HoL tried to oppose the Hunting Bill, the HoC were able to push this Act through. good as public opinion will be reflected, but any problems should bepicked up at some point in the process. can go against separation of power.
disadvantages
very lengthy
Parliament do not have the time to make laws about everything.
can be complex.
c
very lengthy
several stages and debates before law is made including ping pong. There have been many Bills that have never become Acts because P has run out of time - this is particularly the case with Private Members Bills where sometimes they do not have government support. the law will not update quickly and there may be situations which are not covered by the law for a very long time. however eventually laws will be made better
parliament dont have time to make laws about everything
dealing with terrorist activities, the finances of the country and more recently Brexit – therefore less urgent matters may not be handled for a very long time. Law Commission in 1993 recommended important changes the 1861OAPA however still not made. may not be solved by Parliament at all, and may require judges to step in to avoid injustice.
can be complex.
they need to try and cover lots of potential situations. For example, the Health and Safety at Work Acts aim to protect workers in modern offices and very old factory buildings alike even though the issues and requirements may be very different. hard to apply the law, which reduces its usefulness unless judges can interpret it effectively.however can reform whole areas at once
goes against separation of powers
Government are part of the House of Commons, meaning they are both the executive and legislature. For example, between 2016 and 2017, 25 of the 28 Public Bills put forward by the Government were given Royal Assent; whereas only 8 of the 163 private members were given royal assent. Government has a huge influence on the laws that get made compared to the rest of Parliament. however gov is democratically voted
