evaluation of the legislative process (12)

Question 1

what are the advantages of the legislative process?

Answer 1

democratic

full reform

broad policy

consultation

Question 2

what are the disadvantages of the legislative process?

Answer 2

goverment control

lack of time

complexity

long process

Question 3

advantages of legislative process - democratic

Answer 3

Democratic

• made by elected representatives
• answerable to the electorate through general elections

counter to government control

Question 4

disadvantages of legislative process - government control

Answer 4

Government control

• Government is in control and allows very little time for private members’ bills which often deal with moral issues
• They are often voted out by the Government or not given enough time. Very few become law

counter to democratic

Question 5

advantages of legislative process - full reform

Answer 5

Full Reform

• can reform whole areas of law in one Act and makes the law simpler
• e.g. Fraud Act 2006 consolidated all offences on Fraud into one Act
• Judges in comparison can only make minor adjustments on points of law in cases

counter to lack of time

Question 6

advantages of legislative process - lack of time

Answer 6

Lack of time

• Parliament often lacks the time or political will to consider all the reforms proposed.
• Often ignores “technical reform” e.g. criminal and tort law
• OAPA 1861 is in dire need of reform and Law Com have suggested numerous reforms. Parliament has not done this.

counter to full reform

Question 7

advantages of legislative process - Broad Policy

Answer 7

• New Acts set broad policies and can give powers to others to make laws (delegated legislation)
• This is good as it allows other to add specific detail where MP’s in Parliament would not know it
• Parliament simply set out the basic structure

Question 8

disadvantages of legislative process - Complexity

Answer 8

• Acts can be very long and complex.
• They can be difficult to understand and many Supreme Court appeal cases are about the interpretation of Acts
• Where Parliament gives powers to other people this can make the law complex and difficult to locate as it can be in different places.