unit 1 exam questions

Question 1

Outline the following:
 the law-making process in the House of Lords and
 the doctrine of Parliamentary supremacy (sovereignty). (10 marks)

Answer 1

Outline of process in the House of Lords:
 introduction of Bill by Minister for government Bill or promoter for private member’s bill
order of readings – first reading, second reading, committee stage (whole House),
Report stage, third reading
 general amending role looking at legislation passed by Commons; if Bill has been
amended, it goes through ping-pong procedure in conjunction with House of
Commons until final agreement has been reached on wording of all clauses.
Enhancement
Reference to different forms of Bills (Private, Public and Private Members); possible reference
to constitutional role of Queen in Parliament and effect of Royal Assent bringing a Bill into force;
possible reference to Parliament Acts 1911 and 1949.
For Sound (A) – both bullet points to be outlined.
(B) Outline of doctrine of Parliamentary supremacy (sovereignty):
 legal supremacy (sovereignty) (highest form of law, must be applied by judges,
Parliament not being able to bind its successors).
Enhancement
Political sovereignty – that the electorate can vote a Parliament out at the next election.

Question 2

Describe pressure groups as an influence on Parliamentary law making. (10 marks)

Answer 2

Description of pressure group as an influence:
 general description of the meaning of pressure group, including reference to the
different types of group (insider and outsider, sectional and cause groups)
 how, when and whom they can influence – insider groups likely to be involved in the
drafting of a bill and may be consulted by minister or civil servants; sectional groups
likely to be consulted when legislation is being drafted that affects their group of
members; consultation may be arranged following lobbying; direct action such as
strikes or demonstrations likely to be used by outsider or cause groups who may not
be consulted in law making process
 the effect of influence by reference to campaigns or example(s) – successful such as
Snowdrop, unsuccessful such as Fathers4Justice.
Note: for Sound (A) – all three bullet points to be described.

Question 3

Briefly discuss advantages and disadvantages of pressure groups as an influence on
Parliamentary law making. (10 marks + 2 marks for AO3)

Answer 3

Brief discussion of advantages of pressure groups as an influence could include:
 can raise public awareness of issue and keep Parliament/MPs in touch with issues of
public concern
 many are non-political but can influence all political parties
 will have expertise on their issue
 for some groups, e.g. National Trust or TUC, the size of their membership means
they can be representative of general public and be more influential as they will have
large budgets and be able to afford media campaigns
 some groups can provide international experience and contacts
 insider groups have the ear of decision makers and can be consulted on proposed
changes
 likely to be successful if they have media support.
(B) Brief discussion of disadvantages of pressure groups as an influence could include:
 undemocratic as leaders unlikely to be elected by membership
 they are not likely to be objective and to provide one side of an argument
 outsider groups can use undesirable/illegal tactics to get publicity and to promote their
view
 can represent small number of members and have limited funds
 outsider groups unlikely to be consulted or influence decision makers
 unlikely to be successful if no media support for their issue.
 can have disproportionate influence
Note: for Sound (A or B) at least two bulleted points should be briefly discussed.

Question 4

Statutory Instruments, By-laws and Orders in Council are all forms of delegated
legislation. Briefly describe any two of these forms. (10 marks)

Answer 4

Brief description of first form of delegated legislation.
(B) Brief description of second form of delegated legislation.
Forms of delegated legislation could be:
 statutory instruments – the existence of law made by government ministers with
delegated powers under authority of primary legislation (enabling Acts), example(s).
 By-laws – made by local authority and other bodies, require authority of enabling Act
or government minister, example(s)
 Orders in Council – made by Privy Council, can make laws when Parliament is not
sitting/use in emergencies/ dissolving Parliament/ reorganise responsibility of
government departments/ commencement orders, example(s) of Orders
Note: for Sound (A) or (B) – all elements of each bullet point to be briefly described.

Question 5

Describe judicial controls on delegated legislation. ( 10 marks)

Answer 5

Description of judicial control could include:
 judicial review can be claimed on grounds of procedural ultra vires, examples such as
imposition of tax, lack of consultation
 judicial review can be claimed on grounds of substantive ultra vires, examples
 judicial review can be claimed on grounds of unreasonableness, examples
 judicial review can be claimed on grounds of delegated legislation being in conflict with
EU law, examples.
Note: for Sound (A) at least two of the bulleted points are described supported by a case
example.

Question 6

Discuss advantages of delegated legislation. (10 marks + 2 marks for AO3)

Answer 6

Discussion of advantages of delegated legislation could include:
 saves parliamentary time allowing parliament to focus on major issues
 that delegated legislation can be made quickly because it does not have to go through
either/both houses and can be used in the case of emergency, with example(s)
 that often it is made for technical reasons to fill in the gaps in primary legislation and
experts can be consulted for specific detail, example(s)
 flexibility – different rules can be introduced in different areas (by-laws) as required by
local need, or to deal with specific issues, example(s)
 statutory instruments can complete the detail of framework Act, or deal with regular
amendments, such as the change in the annual amounts of the minimum wage
 some form of control by either Parliament or the judiciary is possible
 some form of democracy involved, as by-laws made by local politicians and statutory
instruments made by or in the name of elected ministers.
Note: for Sound (A) – at least three bulleted points should be discussed and, if appropriate,
supported by an example.
Alternatively, Sound (A) can be awarded if five or more bulleted points are discussed without
development.

Question 7

Civil cases can be dealt with by the courts or by means of alternative methods of
dispute resolution. Briefly explain any two of the following alternative methods:
 Negotiation
 Mediation
 Conciliation.

Answer 7

Negotiation
 who carries out the negotiation – the parties, their lawyers or unqualified representatives
 possible forms of negotiation – face to face, using telephone, email or conference calls
 types of dispute can be dealt with
 process – continued talking/contact until resolution made or fails
 successful outcome is agreement which is enforceable if the parties formally agree
Mediation
 process can arise through agreement or requirement, as with family disputes
 mediator will be qualified in mediation and possibly area of dispute
 commercial or family disputes can be settled using this method
 process is the mediator passing messages between parties until they reach agreement
between themselves
 successful outcome is agreement which is enforceable if the parties formally agree
Conciliation
 qualified conciliator conducts the resolution process
 process is the conciliator passing messages between parties and advising parties on
their respective positions
 type of cases dealt with - likely to be employment or commercial cases
 successful outcome is agreement which is enforceable if the parties formally agree

Question 8

Describe dispute resolution by tribunals.

Answer 8

Description of dispute resolution by tribunals could include:
 composition of panel
 how tribunals can come about – statutory or disciplinary, and examples of cases
heard
 tier structure
 more formal nature of hearings where evidence may be given on oath and use of
lawyers/representatives
 outcome will be a legally enforceable award
 there may be a right to an appeal based on legal reasons.

Question 9

Briefly discuss advantages and disadvantages of dispute resolution by tribunals.
(10 marks + 2 marks for AO3)

Answer 9

Brief discussion of advantages of Tribunals could include:
 expertise of panel – a qualified lawyer or judge in charge of proceedings/specialist
knowledge of panel
 that legal reasons for decisions are given and recorded
 lower cost compared with courts, perhaps because of greater informality of proceedings
and lesser need for legal representation as compared to courts
 speed compared to courts/ taking pressure off courts
 that they provide a possible public forum for airing a dispute, as compared with
negotiation, mediation or conciliation.
(B) Brief discussion of disadvantages of Tribunals could include:
 possible influence of chair over the other panel members
 the cost of tribunal hearing due to initial fee and the need to pay for lawyers and the lack
of public/state funding; this may lead to an imbalance between parties where one party
can afford a lawyer and the other cannot
 hearings are formal compared with other methods of ADR
 appeals only available against legal reasons for decisions; high costs of taking an
appeal as lawyers likely to be required
 hearings and appeals may be reported, which may lead to adverse publicity.
Note: for Sound (A or B) at least two of the above points should be briefly discussed.

Question 10

Outline the process in the House of Commons and the House of Lords in the making of
an Act of Parliament.

Answer 10

(A) Outline of process in House of Commons could include introduction, order of
readings/committee stage, possible reference to public and private members bills;
(B) Outline of process in House of Lords could include introduction, order of
readings/committee stage, amending role, ping-pong procedure in conjunction with
House of Commons, possible reference to Parliament Acts 1911 and 1949/Royal
Assent.

Question 11

Describe the Law Commission or the media or pressure groups as an influence
operating on Parliament in the law-making process.

Answer 11

Potential Content
Either
(A) Description of Law Commission could include who sits on it, how it works in investigating
issues, role in codifying law, role in consolidating law, role in recommending repeals of
old law, example(s).
Or
(A) Description of media as an influence could include how and when they can influence,
who they can influence, effect of influence, campaigns, example(s).
Or
(A) Description of pressure groups as an influence could include general description of
meaning of pressure group, how and when they can influence, who they can influence,
effect of influence, campaigns, example(s).

Question 12

what is the law commision?

Answer 12

created by the law commision act 1947, it consists of 6 either employed or retired legal professionals lead by the lord chancellor. they would to codify, consolidate and repeal laws, require specific cases of these being used (LOOK THEM UP AND ADD THEM)

Question 13

what influence does the media hold on law making?

Answer 13

Description of media as an influence could include how and when they can influence,
who they can influence, effect of influence, campaigns, example(s).

Question 14

describe pressure groups influence on law making

Answer 14

general description of
meaning of pressure group, how and when they can influence, who they can influence,
effect of influence, campaigns, example(s).

Question 15

Discuss advantages of the process of parliamentary law making.

Answer 15

Discussion of advantages of parliamentary law making could include democratic,
discussion of proposals, introduction of proposed law after detailed inquiry/Law
Commission report, giving effect to election manifesto commitments, open process,
possibility of amendments, scrutiny of proposals, supremacy of Parliamentary law.

Question 16

There are different forms of delegated legislation, including statutory instruments,
orders in council and by-laws.
Describe any one form of delegated legislation.

Answer 16

Description of form of delegated legislation. Forms of delegated legislation could be
statutory instruments, orders in council or by-law.
Statutory instruments could include the existence of law made by government ministers
with delegated powers under authority of primary legislation, the role of ministers when
consulting, drafting and laying before Parliament, use of commencement orders,
example(s).
By-laws could include how and when made by local authority and/or other bodies, under
approval of Home Office or delegated powers, examples
Orders in Council could include how and when made by the Privy Council, examples

Question 17

what are byelaws?

Answer 17

By-laws could include how and when made by local authority and/or other bodies, under
approval of Home Office or delegated powers, examples
​
By laws
These are permission given to local authorities to make laws for their area.
Examples:
- THE DOG FOULING ACT (1996)
This gave authority to local councils to make/introduce by laws which punished owners who allowed their dog to foul public places. They can be fined up to £1,000.
- The London Underground or British Airways Authority have been given powers to ban smoking on their property.
- Water boards have been given powers to charge people for providing fresh water into their homes.

Question 18

what are statutory instruments?

Answer 18

made by government ministers FILL IN
Statutory instruments could include the existence of law made by government ministers
with delegated powers under authority of primary legislation, the role of ministers when
consulting, drafting and laying before Parliament, use of commencement orders,
example(s).
​
Statutory instruments
There are about 3,000 of these each year. These can be known as laws made by the government ministers, who have been given powers by parliament in a parent act.
Examples:
- EDUCATION REFORM ACT (1988)
In the parent act, parliament introduced the national curriculum. The Secretary of State for Education was then given powers to decide what should be taught in each subject, at each key stage, in the statutory instrument.
- FIREWORKS ACT (2003)
In the parent act, parliament restricted the selling of fireworks to under 18s. The Secretary of State was then given the powers to stop the usage of fireworks at a specific time.
- ACCESS TO JUSTICE ACT (1999)
Here, parliament introduced new rules for public funding of court cases and legal aid. Statutory instruments were then introduced, to decide that cases involving children or a case where a person’s life is at risk, should be given more priority.

Question 19

what are orders in council?

Answer 19

420. Orders in Council could include how and when made by the Privy Council, examples
     made in emergencies
     made when parliament aren’t in house
     still needs extra detail.
     ​
     Orders in Council
     The EMERGENCY POWERS ACT was passed in 1920 which gave powers to the Monarch and the Privy Council to make laws in emergencies or when parliament is not sitting.
     Examples:
     - The army was given power during the foot and mouth crisis to cull all animals within a 5 mile radius of affected farms.
     - In 2003, the Privy Council made an order in emergency which banned any dealings with Usama Bin Laden, Al Qaida, and the Taliban.
     - Cannabis was downgraded to a class C drug in emergency during parliament was on holiday.

Question 20

Explain why Parliament needs to delegate law-making power.

Answer 20

Explanation of need for delegation could include:
 Parliament not in session when emergency arises,
 need for detail to fill in outline of primary legislation
 need for specialist rules
 need to set starting date for primary legislation
 to update rules, eg amount of fines
 to deal with local issues
 to deal with specific needs of public authorities, eg transport providers

Question 21

Discuss disadvantages of delegated legislation.

Answer 21

Discussion of disadvantages of delegated legislation could include undemocratic,
volume, lack of publicity, need for control, limited scrutiny and control of Executive
power, delegated powers to impose tax (eg through budget), length and expense of
judicial review.

Question 22

Either describe how jurors qualify and are selected for service or describe the
appointment and selection of lay magistrates.

Answer 22

(A) Description of basic jury qualification could include age, electoral register, residence,
random selection by Central Summoning Bureau; reasons for not qualifying such as
disqualification, discharge, deferral; selection such as ballot in jury room and in court,
vetting and challenges, swearing in. Reference to relevant legislation.
Or
(A) Description of lay magistrate’s appointment could include qualifications, disqualified
groups, key (personal) qualities. Reference to need for balance on bench, geographical
limitations, reference to requirements of local bench, recommendation by local advisory
committee following interviews and appointment by Lord Chancellor, Secretary of State
for Justice. Reference to relevant legislation.

Question 23

discuss jurors

Answer 23

(A) Description of basic jury qualification could include age, electoral register, residence,
random selection by Central Summoning Bureau; reasons for not qualifying such as
disqualification, discharge, deferral; selection such as ballot in jury room and in court,
vetting and challenges, swearing in. Reference to relevant legislation.

Question 24

discuss lay magistrates

Answer 24

(A) Description of lay magistrate’s appointment could include qualifications, disqualified
groups, key (personal) qualities. Reference to need for balance on bench, geographical
limitations, reference to requirements of local bench, recommendation by local advisory
committee following interviews and appointment by Lord Chancellor, Secretary of State
for Justice. Reference to relevant legislation.

Question 25

Explain the work of lay magistrates in and out of court.

Answer 25

Explanation of work of lay magistrates could include deciding bail/custody issues, at
trial hearing evidence, deciding guilt/innocence, deciding sentence, referring cases to
Crown Court for trial or sentence, issuing warrants, the work of specialist panels.
Work out of court refers to warrants.
Equal credit will be given to work associated with role of magistrates, eg training, visits,
community involvement.
Credit will be given for warrants as out of court work even where the student does not
specifically designate it as out of court.

Question 26

Discuss advantages of using lay persons (jurors and lay magistrates) in the criminal
justice process.

Answer 26

Discussion of advantages of lay persons could include long established trial by peers,
open justice, public confidence, fairness, limited number of appeals, cost compared to
judge-only trials, reduction of professional involvement.
Max 7 if reference to one only (jurors or lay magistrates) or a general answer with no
distinction made.

Question 27

Briefly explain both of the following:
􀁸 what is meant by the doctrine of Parliamentary supremacy (sovereignty)
􀁸 the purpose and use of Green and White papers.

Answer 27

(A) Brief explanation of doctrine of Parliamentary supremacy (sovereignty) could include –
􀁸 legal sovereignty (highest form of law, must be applied by judges),
􀁸 political sovereignty, Parliament not binding successors.
Note: for Sound A - both of the above points should be briefly explained
(B) Brief explanation of Green and White papers could include:
􀁸 for Green papers – purpose, who consulted, need and result of consultation
􀁸 for White papers – purpose, effect of issue.
Note: for Sound B - both of the above points should be briefly explained each
supported by an example

Question 28

doctrine of parliamentary supremacy

Answer 28

Brief explanation of doctrine of Parliamentary supremacy (sovereignty) could include –
􀁸 legal sovereignty (highest form of law, must be applied by judges),
􀁸 political sovereignty, Parliament not binding successors.

Question 29

​Parliamentary Controls:


This occurs in three stages, and applies to statutory instruments

Answer 29

​
- A parent act is required to give the government ministers powers to act and make laws. If there is no parent act, then the minister can not make laws and there will be no statutory instruments.
Example:
Without the parent act, which is the FIREWORKS ACT 2003, there will not be the FIREWORKS REGULATIONS 2004.

Question 30

​

scrutiny committee

Answer 30

​
- A scrutiny committee is made up of members of the House of Commons and the House of Lords. These members have the power to review all statutes before they become law. A scrutiny committee can on report something to parliament if they find something wrong i.e. if they think the ministers have gone beyond their powers in the parent act. The scrutiny committee can only make reports (it cannot act).
- Affirmative Resolution
(Requires parliament to vote their approval of the statute before it can become law)
Example:
This was needed in the Codes of Practice issued for the police under the POLICE & CRIMINAL EVIDENCE ACT (1984), however parliament cannot amend the statute.
OR
- Negative Resolution
(Requires no action by parliament and the statute will become law automatically in 40 days unless parliament chooses to debate and reject it.

Question 31

judicial controls

Answer 31

​
Judicial Controls:
(When judges are asked to review the delegated legislation and decide whether or not it is lawful. This process occurs in the Queens Bench Division).
- Firstly, they can declare the delegated legislation to be Ultra Vires. This means the body has acted beyond the powers given to it in the parent act.
Example:
Fulham Corporation was given the power to build a public washing facility. It built a laundry. This was Ultra Vires as they went beyond their powers.
- Courts can declare the delegated legislation to be unreasonable.
Example:
STRICKLAND v HAYES (1986)
It was seen as unreasonable to ban people from using bad language in private. The parent act had given councils the powers to punish people singing obscene songs generally. This should have been restricted to public places only.
- Courts can declare that the incorrect procedures for introducing the delegated legislation was followed.
Example:
Aylesbury Mushrooms - A training board was introduced for farmers, which they then were asked to pay for. This was all right as long as they had been consulted but some mushroom growers were not consulted. The court decided that they did not have to pay.
Original, Binding, Persuasive Precedent and Avoiding Precedent

Question 32

advantages of delegating legislation

Answer 32

​
- Saves parliament time
Parliament does not have the time to consider every small detail of complex regulations. Delegated legislation can be passed quickly to deal with situations in emergencies i.e. The SOCIAL SECURITY ACT where banning all dealings with the Taliban was needed to be passed quickly and was with the delegated legislation.
- Need for the necessary expertise
Parliament will not always have the necessary expertise to deal with a particular issue whereas a government department might have. Also, for example, local authorities have greater knowledge of the local area and the local needs than parliament. There has been consideration that parliament should debate the main principles but leave the little detail to experts.
- Parliamentary control
Delegated legislation is scrutinised before it is passed so this control will make sure that the governing body has stayed within the powers given to it in the parent act.
- Democratic
Government ministers are elected by the people. Also, local councillors responsible for by laws are also elected. This shows that the local people have chosen the body and should by happy with all or most laws they make.

Question 33

disadvantages of delegated legislation

Answer 33

​
- Partly undemocratic
Delegated legislation is not debated by parliament except for affirmative resolution statutory instruments. Statutory instruments are drafted by unelected, permanently employed civil servants. Also, the Queen and Privy Council are not elected but yet approve orders in council.
- Lack of publicity
Delegated legislation is insufficiently publicised. Delegated legislation is not debated by parliament, there is not the same opportunities for the press/media to raise public awareness, of it as there is with an act of parliament. This means that an enormous volume of law is passed without the public aware about it much remains unpublicised after coming into force.
- No effective control
Many judicial and parliamentary controls are limited. Not all statutory instruments are subject to the affirmative or negative resolution. On the other hand, judicial controls are dependant on someone challenging the validity of the law, which due to limited knowledge, rarely occurs.
- Risk of sub delegation
There is a risk that the body with the delegated powers may pass it down to another. For example, statutory instruments are supposed to be made by government ministers, whereas they are really made by civil servants.

Question 34

the purpose of green and white papers

Answer 34

Green and White Papers now form an important part of the pre-legislative process to parliamentary law making. A Green Paper outlines the tentative proposals for legislative changes and invites observations. A White Paper is different in that it sets out firm proposals for new law – at times a draft bill may accompany a White Paper.

Green Papers were introduced in 1967 and have now become a regular feature of modern law making. Green Papers are issued by the appropriate Minister having responsibility for the matter and they are written by civil servants. Green Papers give interested parties both inside and outside of parliament an opportunity to comment upon the proposed new law, they are a starting point and outline an initial idea.

Any changes made to the Green Paper are sent to the Government Department in question in order that these can be considered and implemented if necessary. As the proposals are only in draft form at this stage, responses and comments are valuable as practical as well as principled arguments can be put forward thus anticipating problems and improving the quality of the legislation.

It may be difficult to comment in detail at this stage of the process as the full information regarding the proposals may not be included in the Green Paper. Green Papers are published before White Papers and are consultative in nature.

If the Government are intent on passing a new law a White Paper will follow, although not every matter which is the subject of a White Paper becomes law as the Government may decide that the proposal will be too unpopular. White Papers are more specific and contain firm proposals they are more detailed and may even contain a draft bill.

As a result comments on White Papers may be more about the workings and effects of the new legislation as interested parties, by this stage, have more detail upon which to comment. This part of the consultative process is invaluable as it is likely to polarise the views of all parties interested in the proposed legislation and as a result the Government will learn where there is firm support or opposition for any subsequent bill.

The Dangerous Dogs Act 1991 is often cited as an example of a badly worded piece of legislation which could have been vastly improved if the Government of the day had consulted interested parties properly before rushing through the legislation. The Act required certain breeds, ‘dangerous’ breeds, to be muzzled in public, but unfortunately the workability of the Act was not considered sufficiently and has since proved problematic to police and enforce.

In recognition of the growing importance of consultations as part of the pre-legislative process some Statutory Instruments, albeit secondary forms of legislation, must follow ‘super affirmative’ resolutions under the enabling Acts which authorise the making of delegated legislation. This requires the appropriate minister to show that they have properly considered representations which have been put forward as part of the consultative process.

A bill goes through a number of stages before it becomes an Act. A bill may be started in either the House of Commons or the House of Lords and will need to go through the same procedure in each House and all the stages before it can become law.

First Reading – this is a formality when the bill is first introduced to the House. There is no debate at this stage and the name of the bill and the main aims are read out but there is a vote which will need to be passed if the bill is to proceed.

Second Reading – This is the main debate on the bill when the MPs take the opportunity to debate the main principles. The debate is controlled by the speaker as he or she gives their consent to those who may speak during the debate. At the end of the debate there will be a vote and a majority must approve the bill if it is to progress.

Committee Stage – A detailed consideration is given to the bill on a clause by clause basis. The Committee will be made up of between 16 and 50 members chosen according to their qualification and experience as well as the political composition of the House of Commons to ensure that the opposition and minority parties are properly represented. These are known as Standing Committees.

Report stage – This is vital if members are to be kept up to date with developments. A report will be made, to the whole House, of the amendments put forward and approved at the Committee Stage. There will be no Report Stage if no amendments were made at the the committee Stage and the bill will be sent straight to the Third Reading.

Third Reading – This, in effect, is the final vote on the bill. There can be a further debate on the bill but it requires at least 6 members to request the debate. This will be unusual as it is virtually a formality at this stage bearing in mind it needed to have a majority to progress to this point. This does not rule out the possibility of amendments being made in the House of Lords at the Third Reading stage.

The other House – As the bill started in the House of Commons (according to the question asked), the above five stages are then repeated in the House of Lords. If the bill had started in the House of Lords then it passes to the House of Commons.

Royal Assent – This is the final stage at which point the bill becomes law. The stage requires the approval of the Monarch. This is a constitutional formality under the Royal Assent Act 1961 and the Queen does not have to read the contents of the bill . The last time a monarch refused to sign a bill was back in 1707 when Queen Anne refused to give her assent to the Scottish Militia bill.

The bill will come into force on a date given in the Act or on a date appointed by the appropriate Government Minister. If the Act is silent on the matter, the Act will take effect at midnight following the Royal Assent.

The second House, namely the House of Lords, is an unelected House and a question that is often asked is, ‘what would happen in the event that the Lords refused to approve of legislation passed to it by the House of Commons which consists of elected MPs?’ The answer is that the House of Lords’ ability to hold up or prevent bills from becoming law are now limited by the Parliamentary Acts 1911 and 1949.

In the case of ‘Money bills’ which may deal with financial matters such as taxation, the Government may, in order to avoid delay, reintroduce the bill in the House of Commons after one month and, if it is passed a second time, it becomes law. In the case of ordinary bills the House of Lords cannot delay their progress after a year.

It is accepted that the House of Lords does carry out a check and balance upon the House of Commons so that the House of Commons rarely resorts to using the Parliamentary Acts. Recent examples can however be found in the War Crimes Act 1991 and the Hunting Act 2004.

The War Crimes Act 1991 was concerned with the ability to prosecute war criminals for war crimes even after a long period and the House of Lords’ opposition was considered out of touch. Having been rejected by the House of Lords it went on to become only the fourth statute since the 1911 Parliament Act to be enacted under its terms and the bill was passed with just the authority of the House of Commons. Similarly The Hunting bill had met sustained opposition from the House of Lords despite apparent widespread support for the proposals elsewhere. After many years of frustration and lack of progress, the Parliamentary Acts were invoked by the speaker of the House of Commons and The Hunting Act was finally pushed through.

Question 35

Outline the law-making process in Parliament.

Answer 35

(A) Outline of process in House of Commons could include: introduction, order of readings
and outline of process, including role of committees
Enhancement
Drafting
Possible reference to public & private members bills
(B) Outline of process in House of Lords, could include:
􀁸 introduction
􀁸 order of readings
􀁸 amending role
􀁸 ping pong procedure in conjunction with House of Commons
􀁸 constitutional role of Queen and effect of Royal Assent
Note: for Sound B - at least three of the above points should be outlined
Enhancement
Possible reference to different forms of bills.
Possible effect of Parliament Acts 1911 and 1949.

Question 36

parliament act 1911 and 1949

Answer 36

The Parliament Act 1911 (1 & 2 Geo. 5. c. 13) asserted the supremacy of the House of Commons by limiting the legislation-blocking powers of the House of Lords (the suspensory veto). Provided the provisions of the Act are met, legislation can be passed without the approval of the House of Lords. Additionally, the 1911 Act amended the Septennial Act 1716 to reduce the maximum life of a Parliament from seven years to five years. The Parliament Act 1911 was amended by the Parliament Act 1949 (12, 13 & 14 Geo. 6. c. 103), which further limited the power of the Lords by reducing the time that they could delay bills, from two years to one

Question 37

Discuss disadvantages of Parliamentary law making.

Answer 37

Discussion of disadvantages of Parliamentary law making can include:
􀁸 delay in dealing with issues
􀁸 political influences rather than genuine debate
􀁸 non-democratic issues
􀁸 complex language
􀁸 piecemeal development of laws
􀁸 need to read more than one document
􀁸 compromise nature of process between Commons and Lords.
Note: for Sound A - at least three of the above points should be discussed

Question 38

Describe how statutory instruments, as a form of delegated legislation, are made and
used.

Answer 38

Description of making and use of statutory instruments could include:
􀁸 the existence of law made by government ministers with delegated powers under
authority of primary legislation
􀁸 the role of ministers when consulting
􀁸 drafting and laying before Parliament
􀁸 completing detail of framework of parent Act
􀁸 use for updating laws
􀁸 other uses e.g. commencement orders, implementation of EU directives
􀁸 allowing experts to be involved,
Note: for Sound A - at least three of the above points should be described with examples
Enhancement
Possible reference to scrutiny in Parliament.

Question 39

Describe judicial controls on delegated legislation.

Answer 39

Description of judicial controls could include:
􀁸 judicial review on grounds of procedural ultra vires
􀁸 judicial review on grounds of substantive ultra vires
􀁸 unreasonableness
􀁸 conflict with EU law/ECHR.
Note: for Sound A - at least two of the above points should be described supported
by a case example.
Enhancement
imposition of tax.

Question 40

Briefly discuss advantages and disadvantages of delegated legislation as a form of
law making.

Answer 40

Brief discussion of advantages of delegated legislation could include:
􀁸 Speed
􀁸 Saving parliamentary time
􀁸 Expertise/local knowledge
􀁸 flexibility
􀁸 completing detail of framework Act
􀁸 some form of control possible
􀁸 some form of democracy involved.
(B) Brief discussion of disadvantages of delegated legislation could include:
􀁸 undemocratic,
􀁸 volume,
􀁸 lack of publicity,
􀁸 need for control,
􀁸 limited scrutiny and control of Executive power,
􀁸 delegated powers to impose tax (e.g. through budget),
􀁸 length and expense of judicial review.
Note: for Sound A or B - at least two of the above points should be briefly discussed

Question 41

Outline both of the following:
􀁸 the trial and appeal courts that can hear adult criminal cases
􀁸 the types of cases dealt with by these courts.

Answer 41

Outline of trial and appeal courts could include:
􀁸 Magistrates Courts and Crown courts as trial courts
􀁸 Crown Court, Court of Appeal (Criminal Division) and Supreme Court as appeal
courts.
Outline of types of cases dealt with could include:
􀁸 summary offences with possible reference to example
􀁸 either way offences with possible reference to example
􀁸 indictable only offences with possible reference to example.
Note: for Sound A - all of the above points should be outlined.
Enhancement
Possible reference to Divisional Court of QBD and/or European Court of Human Rights.
Possible reference to grounds for appeal and orders made by appeal courts.

Question 42

Outline the qualifications for appointment as a lay magistrate. Briefly explain the training
undertaken by a lay magistrate following appointment.

Answer 42

(A) Outline of lay magistrate’s qualifications could include:
􀁸 age
􀁸 key (personal) qualities
􀁸 disqualified/ineligible groups.
Note: for Sound A – all the above points must be outlined
Enhancement
Possible reference to local justice area; balance on bench and requirements of bench;
Swearing of Oath of allegiance.
(B) Brief explanation of training of lay magistrates could include:
􀁸 reference to responsibilities of Judicial Studies Board and court clerk
􀁸 initial compulsory training
􀁸 initial mentoring
􀁸 on-going training and appraisal.
Note: for Sound B - at least three of the above points should be outlined
Enhancement
Possible reference to:
􀁸 chairmanship training
􀁸 specialist panel training, ie youth court
􀁸 domestic violence panel.

Question 43

Discuss advantages of using lay persons (juries and lay magistrates) in the criminal
justice process.

Answer 43

Discussion of advantages of lay persons could include:
􀁸 long established trial by peers
􀁸 open justice
􀁸 public confidence
􀁸 fairness
􀁸 representative nature
􀁸 limited number of appeals
􀁸 cost compared to judge only trials
􀁸 reduction of professional involvement
􀁸 local knowledge
􀁸 shared decision making.
Note: for Sound A - at least three of the above points should be discussed and both
juries and lay magistrates must be referred to.

Question 44

Explain the work of lay magistrates.

Answer 44

Explanation of work of lay magistrates could include deciding bail/custody issues, at trial
hearing evidence, deciding guilt/innocence, deciding sentence, possible reference to
referring cases to Crown Court for trial or sentence, issuing warrants, the work of
specialist panels (Youth Court, Family Court, Licensing Appeals)

Question 45

Describe how jurors qualify and are selected.

Answer 45

Description of basic jury qualification could include age, electoral register, residence,
random selection by Central Summoning Bureau, reasons for not qualifying such as
disqualification, discharge, deferral, selection such as ballot in jury room and in court,
vetting and challenges, swearing in

Question 46

EITHER
Discuss the advantages of using lay magistrates in the criminal justice system.
OR
Discuss the advantages of using jurors in the criminal justice system.

Answer 46

EITHER
(A) Discussion of the advantages of lay Magistrates could include trial by peers, open
justice, public confidence, fairness, limited number of appeals, cost compared to judge
only trials, reduction of professional involvement
OR
(A) Discussion of the advantages of jurors could include long established trial by peers,
open justice, public confidence, fairness, reduction of professional involvement