section a- parliamentary law making and law reform Flashcards
who is parliament made up of
house of commons
house of lords
monarch
who is in the house of commons and what is there role
650 elected MPs and represent their constituency- area
who is in the government
elected people
how many members are in the HOL
800
names of 3 main political parties that make up the HOC
conservative, labour, local democrats
what is the monarchs role in the law making process
approve it, sign the bill at the end
why is it important both houses approve the bill
commons represent people and lords check it is the right thing which prevents commons from becoming too powerful and causing an arbitrary government.
what are the 8 stages a bill goes through to become an AOP
- pre legislative stage- types of bills, Whitehall stage
- first reading
2.second reading - committee stage- scrutinised
- report stage
- third reading
- repeat process
8, royal assent
what are the types of bills and what are they
private bill- effects small groups/ individuals e.g. uni London college act.
public- whole population- human rights act
private members bill- back bench mps can make suggestions for what laws go through e.g sydney silverman death penalty
what is in the Whitehall stage (types of papers)
green paper- consultation paper- govs opinion and suggested new ideas for law where interested parties can comment.
white paper- stating govs firm proposals- not invited to comment
what happens in the first reading
title of bill read out. no discussion but sets out date for second reading. notifies the house that a bill is coming through
what happens in the second reading
main debate happens. minister in charge explains main aims and will answer questions of MPs. speaker controls. vote is taken at end.
what happens at the committee stage
scrutinised by a group of MPs (16-50) majority represent party in government. each clause of bill and make amendments.
what happens in the report stage
committee report back to house with proposals of changes to the bill, each change debated and voted.
what happens in the third reading
final reading. final vote. no changed except punctuation and grammar.
what is the repeat process
pass through same stages in other house. if starts in HOC will pass through all stages in HOC as a check. can agree, disagree or propose alternatives- ping-pong effect. HOLs power limited by parliaments act and can go through even if disagree.
what happens in royal assent stage
monarch approves bill- royal assent act. wont have text only a short title. once signed- becomes parliament.
what are the influences on parliament to reform the law
political influence, public opinion/media, pressure groups, lobbyists, law commission.
how does political influence have an effect on parliament to reform the law
government controls the agenda in parliament. before vote is passed- vote in HOC and HOL. before a general election all parties produce a manifesto. party who gains most seats in HOC forms the government. if government has majority can get any law through. bring in reforms to meet the aims of their manifesto- putting before P- AOP.
examples: conservatives ‘get Brexit done’
What is a manifesto
List of promises
Public declaration of policy and aims especially one issued before an election by a political party or candidate
How can public opinion/ media be an influence on parliament to reform the law
If there is a strong public opinion about a change to law, the government is likely to follow the demand if there is a general election ahead especially because they want votes.
The media play a large role in bringing public opinion to governments attention.
High profile media attention can add weight to public opinion as people are becoming aware and supporting the case.
Examples: news reports containing pitbull attacks on children led to the Conservative Party quickly passing DDA 1991 with xl bully added in 2024
How can pressure groups influence parliament to reform the law
Groups which have particular interest and try to bring matters to the attention of the government and so law will be changed.
Ways to try and change the law such as: protests, petitions, publicity stunts or lobbying MPs
Example when a law was changed: firearms act after dub lane disaster from the snowdrop campaign.
Sectional- particular section if society such as professions e.g. interests of solicitors
Cause- promote a particular clause e.g. green peace for env change.
How can lobbyists influence parliament to reform the law
Try persuade an individual MP to support their cause
Individuals or groups
Persuade an MP to ask a question in HOC so issue gets publicity
Examples- Sydney Silverman was lobbied and put forward the private members bill to abolish the DP
How can the law commission influence parliament to reform law
Full time reform body who looks at areas that need reforming. Suggest laws that need reviewing through repeal etc.
led by judges
Lord chancellor refer them to areas of law they want them to research and send response to parliament
Examples, criminal attempts act
Who are the law commission
Previous was part time- needed full time and set up by the law commission act 1965 ammeneded by LCA 2009. Objective is- ‘identify areas of law where reform necessary =, codify, repeal, consolidate and modernise the law’
What is the composition of the law commission
Chairman- HC judge, AC judge appointed up to 3 years.
Supported by 4 commissioners (judge, barristers, solicitors etc.) appointed by lord chancellor
Chief executive and 20 members of gov legal service support commissioners
What do the law commission do
Law commission act 1965- ‘keep law under review’
- repeal out of date acts
-consolidate the law- bringing together acts into one big one
-codify law- law assessable- one topic in one source
- identifying conflicting laws
-systematically develop and reform law
-simplify and modernise law
How do the law commission suggest reform
Refer- lord C refer on behalf of government or select areas themselves
Research- researches law in need of reforming. Consultation paper released seeking peoples views. Set out current state of law and problems. Outline areas of reform by looking at system in other countries
Respond- after response to consultation paper, they will draw up positive plans for reform. Include draft bill. If government accepts report it will go through parliamentary stages.
Examples of significant laws passed by the law commission
- criminal attempts act 1981
- family law act 2006
