Parliamentary Law Making - Advantages & Disadvantages of the Legislative Process Flashcards
How is the process democratic?
It’s dominated by the elected gov. MPs in the HoC are elected to represent the views of their constituents. So they aren’t making laws within their own interests.
Why are Green and White Papers high quality?
Consultation takes place with Green and White Papers before Bill is introduced to Plm. Followed by debates by both HoP. This means that the proposals will be of high quality
How can laws be made simpler to find?
Full reform of whole areas of law and AoPs can be done. Makes laws simpler to find E.g. Fraud Act 2006 – created a simpler structure of fraud and deception offences.
Why is the flexibility provided by bills a benefit
The flexibility provided by different types of bills is good as MPs and Lords can propose a new law. It’s useful when gov doesn’t want to introduce controversial laws like Abortion Act 1967.
Why is it good that the government controls the process?
They control the timetable for debate and can pass any legislation it wants (with a large majority) – this is good because they have been elected to do this.
What is good about the House of Lords as a checking mechanism?
They stop gov from making self-serving laws. They have experience and expertise so there are high levels of scrutiny in debates.
Why is it also bad that the government controls the process?
They can pass any bill they want “elective dictatorship”.
What is the problem with the speed of the process?
Slow long process to make new laws from Bills. This means that potentially important laws will be passed after a long peoriod of time.
What is wrong with Acts of Parliament being too complex?
This makes them difficult to understand e.g.: Renton committee 1975, the language was too complex. Leads to disputes over interpretation of Acts.
How can the process also be undemocratic?
Monarch and HoL aren’t elected. Also elected MPs may be persuaded to vote within their party rather than in concordance with the constituents they represent.
What is a secondary problem with the process being slow and long?
Lack of Parliamentary time to consider all the proposed law reforms e.g.: the reform of the law of non-fatal offences. Proposed in 1993 and 2015 my LC (still awaits reform).
