Parliamentary Law Making Flashcards

1
Q

What does Parliamentary Supremacy mean?

A

That Parliament can make, change and abolish laws, overrule laws and it is not bound by itself.

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2
Q

Who is part of Parliament?

A

HOC, HOL, Monarch

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3
Q

Who is part of the Government?

A

Members of the HOC in the ruling party

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4
Q

What is the HOC?

A

650 MPs that each represent a constituency where they have been elected.

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5
Q

What is the HOL?

A

Where 26 Bishops, 92 hereditary peers and 640 life peers sit. The 12 most senior judges no longer sit in the HOL, they now make up the supreme court.

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6
Q

What are the 5 influences on Parliament?

A
  1. Political influences
  2. Public opinion/media
  3. Pressure Groups
  4. Lobbyists
  5. Law Commission
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7
Q

What are Political influences?

A

Parties publish their manifesto ahead of the general election and enact their pledges if elected. The govt. may also pass an Act to bring domestic law in line with EU law. MPs can present their Act and start a debate.

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8
Q

What is Public opinion/media?

A

Govt. may look at media and see the public opinion on an issue, with media bringing attention to the issue. E.g. Prisoners Bill (dubbed Helen’s law) gained royal assent after a 5 year campaign from the family.

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9
Q

What are Pressure Groups?

A

Groups that protest for the purpose of promoting a particular issue. Sectional groups represent a section of society, e.g. a trade union. Cause groups promote a particular cause, e.g. Greenpeace.

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10
Q

What are Lobbyists?

A

An individual or group who try to persuade someone in Parliament to support a policy or campaign. E.g. petitions, email, events.

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11
Q

Where are the 4 types of bills?

A
  1. Private Members’ Bills
  2. Public Bills
  3. Private Bills
  4. Hybrid Bills
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12
Q

What are Private Members’ Bills?

A

Bills introduced by individual MPs via the ballot process (an MP is drawn to present their issue) or the ‘10 minute rule’ (any MP is given 10 minutes to present their bill)

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13
Q

What are Public Bills?

A

Bills that affect the general population. Introduced by Govt.

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14
Q

What are Private Bills?

A

Bills that only affect a small group, such as a business. or individual. Introduced by local authority/ or private companies.

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15
Q

What is a Hybrid Bill?

A

A cross between a public and private bill. They are introduced by Govt but if they become law they will affect a particular person, organisation or place.

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16
Q

What are the steps of the Legislative process?

A
  1. Green Paper
  2. White Paper
  3. HOC
  4. HOL
  5. Royal Assent
17
Q

What is the Green Paper?

A

A summary of a law to see how people react to it.

18
Q

What is the White Paper?

A

A formal proposal of a law after consultation.

19
Q

What happens in the HOC?

A
  1. First Reading - Present name of bill and its aims
  2. Second Reading - Purpose of the bill is explained
  3. Committee Stage - 16-50 MPs examine each clause of the bill.
  4. Report Stage - Committee reports back to HOC
  5. Third Reading - Bill is read and given final approval
20
Q

What happens in the HOL?

A

If the bill started in the HOC, it will do the same stages in the HOL again, HOL can amend the bill and HOC will then debate again.
If the bill started in the HOL, same as before but the Committee is all of the HOC.

21
Q

What is Royal Assent?

A

Where the monarch approves the bill and it becomes an Act of Parliament.

22
Q

What are the Advantages of Parliamentary Law Making?

A
  1. P will consult bills before passing them - P was considering extending the drinking hours in pubs and consulted the police, pub landlords, alcoholics and hospitals to gain different views.
  2. Can change whole areas of law at once - In 2006, P passed the Fraud Act, updating the many different Acts and case law used before.
  3. Democratic process - The poll tax was brought in by the elected Govt in 1990 but was so unpopular the PM resigned.
  4. Bills must be checked by 3 groups - When the HOL opposed the Hunting bill, the HOC were able to push it through.
23
Q

What are the Disadvantages of Parliamentary Law Making?

A
  1. Acts can be complex - The Health and Safety at Work Act aims to protect workers in modern offices and old factories, making the Act very complex.
  2. Lengthy Process - Some bills never become Acts because P run out of time.
  3. Limited time for law making - The Law Commission recommended important changes to the 1861 OAPA but P still haven’t changed the law.
  4. Problems with the separation of powers - Govt control the Parliamentary timetable so can give little time to PMBs, meaning very few get passed (8 out of 163)