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Sources Of Law > Acts Of Parliament > Flashcards

Acts Of Parliament Flashcards

1
Q

Where law comes from

A

Our law comes from parliament 750 years ago

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2
Q

Introducing acts

A
  • the majority are introduced by the government
  • they’re first drafted by lawyers in civil service ( parliamentary counsel to the treasury)
  • instructions are included and the effect the laws expected to have are given by government department
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3
Q

Bills

A
  • when the proposed act has been drafted it’s published - this stage is called a bill
  • they only become an act of Parliament when it completes all necessary stages in parliament

Public bill

  • involves matters of public policy which will affect the whole country or a large section
  • most government Bills are in this category, constitutional reform act 2005

Private Bills

  • only affects individual people it cooperations, not whole communities
  • Whitehaven Habour Act 2007

Private Member Bills

  • bills can be sponsored by individual MP’s
  • 20 private members are selected who take turns preventing a Bill to Parliament
  • debate time is limited (usually Friday’s) so everyone has a chance of being able to introduce a bill
  • few bills have become law this way
  • Abortion Act 1967, Marriage Act 1994

10 minute rule

  • any MP makes a speech up to 10 minutes supporting the intro of new legislation
  • rarely successful unless no one opposes to the Bill
  • Bail (Amendment) Act 1993
  • members of House of Lords also introduce Private Member Bills
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4
Q

House of Commons

A
  • democratically elected body which dominates the legislative process
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5
Q

Parliamentary process

A
  1. Green paper
  2. White paper
  3. First reading
  4. Second reading
  5. Committee stage
  6. Report stage
  7. Third reading
  8. Repeat in House of Lords
  9. Royal assent

This process happens in the House of Commons

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6
Q

Process in parliament

A
  • to become and act, the bill has to be passed by both House of Lords and House of Commons
  • each has a long and complex process
  • bills can start in either house except finance bills only in House of Commons

The green and white paper is the bill

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7
Q

Where law comes from

A

Our law comes from parliament 750 years ago

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8
Q

Introducing acts

A
  • the majority are introduced by the government
  • they’re first drafted by lawyers in civil service ( parliamentary counsel to the treasury)
  • instructions are included and the effect the laws expected to have are given by government department
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9
Q

Bills

A
  • when the proposed act has been drafted it’s published - this stage is called a bill
  • they only become an act of Parliament is it completes all necessary stages in parliament

Public bill

  • involves matters of public policy which will affect the whole country or a large section
  • most government Bills are in this category, constitutional reform act 2005

Private Bills

  • only affects individual people it cooperations, not whole communities
  • Whitehaven Habour Act 2007

Private Member Bills

  • bills can be sponsored by individual MP’s
  • 20 private members are selected who take turns preventing a Bill to Parliament
  • debate time is limited (usually Friday’s) so everyone has a chance of being able to introduce a bill
  • few bills have become law this way
  • Abortion Act 1967, Marriage Act 1994

10 minute rule

  • any MP makes a speech up to 10 minutes supporting the intro of new legislation
  • rarely successful unless no one opposes to the Bill
  • Bail (Amendment) Act 1993
  • members of House of Lords also introduce Private Member Bills
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10
Q

House of Commons

A
  • democratically elected body which dominates the legislative process
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11
Q

Parliamentary process

A
  1. Green paper
  2. White paper
  3. First reading
  4. Second reading
  5. Committee stage
  6. Report stage
  7. Third reading
  8. Repeat in House of Lords
  9. Royal assent

This process happens in the House of Commons

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12
Q

Process in parliament

A
  • to become and act, the bill has to be passed by both House of Lords and House of Commons
  • each has a long and complex process
  • bills can start in either house except finance bills only in House of Commons

The green and white paper is the bill

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13
Q

First reading

A
  • it’s a formal procedure
  • name and main aims of the bill are read out
  • usually no discussion takes place
  • this is laid before the House of Commons
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14
Q

Green paper

A

This is a consultation document

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15
Q

White paper

A

This is a firm proposal

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16
Q

Second reading

A
  • the main debate on the whole bill, MP’s debate principals behind the bill
  • it doesn’t focus on small details
  • MP’s who want to speak must catch the speakers eye
  • the speaker controls debates and no one speaks without being called on by the speaker
  • an end vote is taken
17
Q

Committee stage

A
  • a clause by clause consideration of the bill
  • detailed examination of each clause of the bill is undertaken by the committee between 16 and 50 MP’s
  • done by a standing committee - committee chosen specifically for that bill
  • made of those special interest of knowledge in the subject of the bill
  • finance bills - whole house sits in committee
18
Q

Report stage

A
  • the committees amendments are reported
  • committee report back to house on the amendments
  • these debates in the house are rejected or accepted
  • further amendments can be added
19
Q

Third reading

A
  • final vote and debate on the bill

- just a formality as unlikely to fail at this stage

20
Q

House of Lords

A
  • goes through the same process

- if more amendments need to be made it will go back to the House of Commons

21
Q

Royal assent

A
  • formally when a bill is signed on behalf of the monarch
  • last time it was refused was in 1707
  • Royal Assent Act 1961
22
Q

Parliament Acts 1911 and 1949

A
  • these allow the bill to become law even if the House of Lords reject it - only if next session of parliaments introduces it
  • only been used 4 times
    1. War Crimes Act 1991
    2. European Parliament Election Act 1999
    3. Sexual Offences (Amend) Act 2000
    4. Hunting Act 2004
23
Q

Commencement of an act

A
  • after Royal assent - come in force on midnight of the same day
  • minister can fix the commencement date
  • Easter Act 1928 is not in force yet
24
Q

Advantages and disadvantages

A

length of process

  • the lengthy process ensures mistakes should be spotted and corrected
  • this means that it can take a long time for an act to be passed - usually around 2 years

Committee

  • the standing committee are supposed to be impartial and check bills for errors
  • however they are still MP’s and therefore will have a vested interest in any bill, potentially a cause of bias

Parliament

  • when a party has a large majority they can force through legislation
  • this is how democracy should work - if they have a large majority then they have earned that right

Language

  • due to all of the changes that can be made, the language can become confused, obscure and complex
  • however the checks that occur should allow all contingencies to be covered for

Sources Of Law (6 decks)

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