Substantive law Facts Flashcards
Outline the House of Commons
Parliamentary Law Making
Contains aproximately 650 MP’s elected at a general election which usually happens every 5 years. The Government is drawn from the party with the most MP’s.
They debate, scrutinise and vote on wether to approve new laws proposed by Government.
Outline the House of Lords
Parliamentary Law Making
Contains aproximately 700 members who are unpaid, unelected and their attendance is voluntary. These are made up of Hereditary Peers (who inherited their title), Life Peers (who have been awarded their title due to a contribution they made to society - E.G. Lord Sugar), 26 Bishops and Law Lords (the most seniour judges who sit in the supreme court).
They also sruitinise proposed laws but are usually proposed in House of Commons.
Many of the peers may sit on specialist committees - E.G. the EU committion
Outline The Crown
Parliamentary Law Making
This is the name given to the monarch. Currently King Charles III.
The role of the crown is to open eacg parliamentary session, give royal assent and appoint and dismiss the Prime Minister.
Outline the Pre-Legislative process
Parliamentary Law Making
Firstly a green paper is made as a proposal for a new law, which after changes is then written as a white paper in more detail.
Using the white paper, a bill is created and begins the start of the process through which a Bill becomes an Act of Parliament.
Outline Green and White Papers
Parliamentary Law Making
Firstly, a green paper is made as an outline for proposals for a topic that Government is interested in making a law on. This is writtem by a civil servant and are issued by the appropriate MP.
Responses, comments and arguments can be put forward at this stage.
After consultation, a white paper is made. A firm proposal for a new law after any changes made to the green paper. This is more detailed aand may contain a draft bill.
Outline Bills and the types
Parliamentary Law Making
A bill is when a proposed act is drafted.
Public Bills - affect the whole country ot a large section of it
Private Bills - affect individual people or corprations
Hybrid Bills - a cross between public and provate bills. Introduced by an Government MP and a private company
Government Bills - supported by the government who have the majority of seats
Private Members’ Bills - introduced by individual MPs who are not government minister (backbenchers)
Ballot - every year, 20 private members are selected to present a bill
Ten Minute Rule - a backbench MP can make a speach up to 10 minutes suporting a Bill (only successful if there are no oppositions)
Outline the Passage of a Bill
Parliamentary Law Making
This is the process of a Bill passing to become an Act of Parliament. This contains 7 stages.
First Reading: A formal procedure where the Bill is read to H of C or L and an informal vote on wether it should proceed.
Second Reading: Introduced by Government Minister responsible and the main principles are debated. The overall purpose is outlined and and other MPs can gove their opinions. Another vote is made on wether it should proceed.
Committee Stage: a standing committee of 16-50 MPs and specialists has a detailed examination od each clause and proposes amendements designed to improve the bill.
Report Stage: the committee report to the whole house who discuss and vote on any amendments.
Third Reading: the bill is presented again and a final vote is taken. Major amendments cannot be made and this is often a breif.
Transfer to Other House: also called Parliamentary Ping Pong. The bill is transferred to the other house where it will go through first reading, second reading, committee stage and thrid reading. If there are any ammendments it is passed back and forth until an agreement is made.
Royal Assent: This si the last stage where the Monarch gives the formal consent required to make a law and is only a formality.
What are the advantages and disadvantages of Parliamentary Law Making
Parliamentary Law Making
Advantages
Scrutiny: There are several stages and oppurtunities to debate, scrutinise and amend bills to mistakes can be corrected.
The House of Lords: They act as a checking mechanism and guard against any laws that may be passed for the benefit of government.
Disadvantages
Undemocratic: Neither the House of Lords or Moncarch are elected and MPs under pressure may vote in accordance with their party.
Slow: The process is slow as it has so many stages that can take months. Formalities such as royal assent also add more time.
Outline Influences on Parliament
Parliamentary Law Making
This includes…
Pressure Groups: a group of individuals who aim to influence parliament. They may use lobbying MPs, marches, petitoons and public campaigns.
Sectional Groups: a group that exists to further the intrests of a section of society. E.G. Farmers (NFU), Doctors (BMA) and Solicitors (Law Society). They may use money and resources to promote their cause and directly access Ministers and MPs.
Cause Groups: a group that promotes a particualr idea or belief. E.G. Black Lives Matter.
What are the advantages and disadvantages of pressure groups
Parliamentary Law Making
Advantages
Experts: many groups have experts who can suggest though out changes and may have draft bills ready for MPs.
Influence: some groups have a powerful influence as they have large memberships. E.G. Teachers Union
Disadvantages
Biased: they are biased towards their cause and may fail due to only promoting theirside of the argument
Violence: some groups use violence and anti-democratic methods thar can jepordise their cause
Outline the law commission
Parliamentary Law Making
A law reform agency that have the specific tast of keeping the law under review.
There are 4 main aims tof the law commission…
Repeal: getting rid of unwanted laws as they are no longer relevant and are outdated. This ensures researching law isn’t time consuming or confusing.
Consolidation: when areas of law are contained in many different statutes so are brought together under one act. This makes law more accessible and easier to find.
Codification: when areas of law are contained in many different statutes so are brought together under one act. This can include existing and new law so need reviewing and changing. This makes law more consistent.
Modernisation: recommended changes to keep law up to date with the needs of society.
Advantages and Disadvantages of the Law commission
Parliamentary Law Making
Advantages
Findings Are Public: this ensures thorough and well-informed results
Consults Public: before writing report there is extensive research
DIsadvantages
Recommendations may be ignored by Parliament
Only investigates 20-30 areas, so it may lack depth and detail from some communities
