the formal legislative process Flashcards
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What is happening in the first reading?
The title of the Bill is read out
What is the doctrine of parliamentary supremacy?
(principle of dicey)
1)Parliament can legislate on any subject matter;
2)Future Parliament cannot bind its successor;
3)Parliament cannot be overruled by others.
What are pressure groups?
PG try to bring matters (they are interested in) to the attention of the general public and the government.
What are the influnces on the parliament?
4 options
- Political influences;
- Public opinion /media;
- Pressure groups;
- Law reform bodies.
What is happening in the second reading?
- MPs debate the main principle of the Bill;
- When the debate has finished, a vote is taken to decide if the Bill will progress any further.
In what year, and what monarch refused to give the royal assent?
1707 , Queen Anne refused to assent to the Scottish Militia Bill.
What is a royal assent?
A royal assent is the last step of creation of a Bill. It is where the Monarch formally gives approval to the bill and it then becomes an Act of Parliament.
What is the most important law reform body?
The Law Comission, which is a permanent panel of legal experts who research areas of law and recommend which laws shoud be reformed.
What are the advantages of pressure groups?
- A wide range of issues is drawn to the attention of the government;
- Pressure groups often raise important issues.
What is a goverment bill?
A bill introduced by the goverment.
What is happening in the third reading?
The third reading is a formality. A final debating will be taken.
Give an example of private members’ bill.
Household Waste Recycling Act 2003.
How many types of pressure groups exist and which are they?
There are two existing pressure groups: sectional pressure groups and cause pressure groups.
What are the limitation on Parliamentary Supremacy?
- The effect of the Human Rights Act 1998
- Devolution
What is a private members’ bill?
bill being introduced in parliament by backbenchers
what is a sectional pressure group
they represent the interest of a particular group of people
give an example of a goverment bill
Criminal justice and courts act 2015
what is the parliamentary procedure for a bill to be introduced
first reading
second reading
cimmittee stage
report stage
third reading
same procedure in the house of lords
royal assent
what is committee stage
specialist in the subject area look at the bill clause by clause in small groups
what is green paper
a consultative document issued by the government putting forward proposals for reforfm of the law
what is a hybrid law
introduced by the goverment but affects an organisation, person or place
advantages of law making in parliament
the process between houses is trough allowing for debates
the house of commons contols most of the law making process
the power of house of lords was reduced following the parliament act 1911 and 1949
there are various way by which a bill can be introduced to parliament
what is a causal pressure group
promote a paricular cause
what is devolution
to the scottish parliament and to the welsh parliament - they can make laws on some matters for their own countries without having to get parliament’s approval
political influence -advantages
each political party has its proposal ready if it is elected
a gouverment majority means that most of the laws it introduces will be passed
law reform bodies advantages
1)area of law is researched by legal experts
2)the law commission consults before finalising its proposal
3)whole area of law can be considered , not just isolated issues
4)enacting the law on area in one act makes the law easier to find and to understand
disadvantages of pressure groups
sometimes pg are seeking to impose their ideas
reflect the opinion of minority
may be conflicting interests between 2 or more pressure groups
protest can cause problem
give an example of a hybrid law
crossrail act 2008
what is a public bill
involves matters of public policy and affects the large majority of the population
what is a ten minute rule
backbenchers (mps) can make a speech of up to ten minutes supporting the introduction of new legislation
what is a white paper
a document issued by the government stating their decision as to how they are going to reform the law
give an example of a private bill
faversham oyster fishery company bill 2016
political influences disadvantages
new governments may repeal or alter laws made by previous government
what is lobbying
try to persuade the MP to support their cause
public opinion/media -advantages
brings the attention of the government to areas of law that need reforming
eu membership -limitation
Eu law takes priority over british law
disadvantages of law making process
1)long process
2)limited parliamentary time may prevent some laws from being reformed
3)acts can be long and complex
4)wording of an act may be difficult to understand and lead to court case on interpretation of meaning
what is a private bill
affects only individual people or corporation ,not the whole community
give an example of a public bill
sentencing and punishment act 2012
media-disadvantages
responding too quickly to high profile incidents may lead to poorly drafted law
it manipulates the news and creats the public opinion
pre legislative procedure
green paper
white paper
consultation
pressure gropus advantages
raise important issues
wide range of issues is drawn to the attention of parliament
What are the law reform bodies?
Law reform or legal reform is the process of examining existing laws, and advocating and implementing change in a legal system, usually with the aim of enhancing justice or efficiency.
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