Parliamentary Law Making Flashcards

1
Q

What are green papers?

A

Issued by a minister
Consultative document on law reform
Parties can recommended

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2
Q

What is a white paper?

A

Consultative document with firm proposals for law reform.

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3
Q

What are government bills and how is it introduced?

A

Bill by the government introduced by a government minister.

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4
Q

What is a private members’ bill and how is it introduced? + example

A

Bill by private MPs. Introduced by a

ballot: MPs present a bill or 10 min rule: introducing a bill under 10 mins.
eg: WASTE RECYCLING ACT 2003

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5
Q

What is a public bill? + example

A

Involves matters of public policy and affects general public

Example: DIGITAL ECONOMY ACT 2017

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6
Q

What are private bills? + example

A

Affects specific individuals or organisations. eg: LEEDS CITY COUNCIL ACT 2013

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7
Q

What are hybrid bills? + example

A

Mix characteristics of public and private bills. They affect the general public and specific individuals.
Example: cross rail bills

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8
Q

Who must pass a bill?

A

Both houses of parliament

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9
Q

Where do bills start?

A

House of commons or lords. Finance bills start in the house of commons.

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10
Q

What is the procedure of a government bill in the house of commons?

A

First reading: Name and aim read out
Second reading: main debate of principles and vote
Committee stage: 16-50 MPs examine the bill then accept or reject based on a vote.
Report stage: Committee reports back amendments they’ve made. Then a vote.
Third reading: final debate then a vote.

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11
Q

What is the procedure of a government bill in the house of lords? + example

A

If lords make amendments, commons must approve.
PARLIAMENT ACTS 1911 & 1949 the lords can delay a bill becoming law once the commons have approved it.
Final stage is royal assent where the monarch gives approval of the bill.

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12
Q

What are the five influences on parliamentary law making?

A
Political Influences
Strong Public Opinion
The Media
Pressure Groups
Law Commission
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13
Q

Advantage and disadvantage of political influences? + example

A

+ Efficient process as government has majority : EUROPEAN REFERENDUM ACT 2015
- Changes in law can be costly and open to criticism

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14
Q

Advantage and disadvantages of strong public opinion? + example

A

+ Influenced by a specific event and influences parliament

- Government responds too quickly and this leads to poorly drafted law: Dangerous Dogs Act 1991

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15
Q

Advantages and Disadvantages of media?

A

+ They can criticise government policy and bring issues to attention of the government
- Media can manipulate the news

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16
Q

Advantages and disadvantages of pressure groups?

A

+ Issues can be drawn to the attention of the government

- Seeking to impose their ideas even when the majority don’t support the views

17
Q

Advantage and disadvantage of law commission

A

+ Areas of law are being researched by legal experts

- Reforms don’t always get implemented due to lack of time

18
Q

What is the doctrine of parliamentary supremacy/sovereignty?

A
  • No limits on what laws can be made. Can change parliament laws.
  • Parliaments should be free to make and change laws as it wishes. It can repeal any acts.
  • No other body can overrule an act of parliament R (MILLER) V SECRETARY OF STATE FOR EXITING THE EU
19
Q

What are the 4 limitations on parliament supremacy?

A
  • Impractical to repeal certain acts eg STATUTE OF WESTMINSTER 1921 states uk statues shouldn’t extend to commonwealth countries.
  • All Acts of Parliament must be compatible with the european convention on human rights: H v MENTAL HEALTH REVIEW TRIBUNAL 2001
  • Due to SCOTLAND ACT 1998 and WALES ACT 1998 parliament’s supremacy has been lost in these areas
  • While the UK is a member of the EU there are limitations as EU law takes priority eg MERCHANT SHIPPING ACT 1988