law making

Question 1

separation of powers

Answer 1

• legislative (makes the law)
• executive (government - day to day running of the state)
• judicial (interprets the law)

Question 2

parliamentary sovereignty

Answer 2

• makes Parliament the supreme legal authority in the UK,
• which can create or end any law,
• the courts cannot overrule its legislation and no Parliament can pass laws that future Parliament cannot change,

Question 3

types of bill

Answer 3

• public bills,
• private bills,
• private members bills,

Question 4

public bills

Answer 4

• involve matters of public policy which affect either the whole country or a large section of it,

Question 5

private member’s bills

Answer 5

• possible for individual MPS to introduce a bill into Parliament,
• these MPs won’t be part of government,
• known as ‘back benchers’ because they don’t sit front row in commons,
• 2 ways MPS can introduce a bill - ten minute rule, ballot,

Question 6

private bill

Answer 6

• designed to pass a law which will affect only individual people or corporation,
• do not affect whole community,

Question 7

a bill

Answer 7

• a proposal for a new law, or to change an existing law, is called a bill,
• before a bill can officially become law, it has to pass through certain stages in Parliament,
• to ensure it has been properly checked over and agreed to,

Question 8

how a bill becomes an act

Answer 8

• before an official Bill is drafted, consultation documents are published to test the public reaction to the proposals - this is called a GREEN PAPER,
• once the government had some feedback, they put their firm proposals into a WHITE PAPER,
• this draft Bill is presented to Parliament,
• the important and most controversial Bills begin in the House of Commons (and ALL Finance Bills),

Question 9

parliamentary process

Answer 9

• green paper,
• white paper,
• 1st reading in House of Commons,
• 2nd reading in House of Commons,
• committee stage,
• report stage,
• third reading,
• house of lords ; same 4 stages,
• royal assent,

Question 10

green paper

Answer 10

• may be issued by minister,
• consultative document on a topic in which the governments view is put forward, outlines proposals for reform,
• interested parties then invited to send comments,

Question 11

white paper

Answer 11

• may be issued instead of green,
• setting out governments firm proposals for new law before issuing legislation,
• limited opportunity for comments,

Question 12

first reading

Answer 12

• formal procedure where name and main aims of bill are read out,

Question 13

second reading

Answer 13

• main debate on whole bill takes place,
• MPs debate main principles behind bill,
• vote is taken at the end which may be verbal or formal,

Question 14

committee stage

Answer 14

• detailed examination of each clause of the bill is undertaken by a committee of between 16-50 MPS,
• usually done by a standing committee,
• chosen specifically for that bill,

Question 15

report stage

Answer 15

• amendments to various clauses in the bill may have been voted on and passed,
• this is where the committee reports back to the house on those amendments,

Question 16

third reading

Answer 16

• final vote on the bill, almost a formality since a bill that has passed through all previous stages is unlikely to fall at this late stage,

Question 17

house of lords

Answer 17

• if bill started in house of Commons, it is passed to Lords where it goes through same five stages,
• if Lords make amendments to bill it goes back to Commons to consider the amendments, if they don’t accept it goes back to Lords,
• this sending to and from can go on for a long time and is referred to as ‘ping pong’,

Question 18

royal assent

Answer 18

• final stage where monarch gives approval to the bill,
• it then becomes an act of Parliament,

Question 19

disadvantages of law making

Answer 19

• lack of time,
• long process,
• government control,
• complexity,

Question 20

lack of time

Answer 20

• Parliament doesn’t always have time, or political will, to consider all proposed reforms,
• this is true of ‘lawyers law’ in areas such as criminal and contract law,
• example - assault and other offences against the person in 1993,
• reform was needed as the old law dates back to an act of 1861 which was made in different times and doesn’t apply to modern life,

Question 21

long process

Answer 21

• where government introduces a bill into Parliament the process of becoming an act with all the different stages can take several months,
• original bill may be altered several times during the Parliamentary legislative process,
• final act is not as clear or comprehensive as it might have been,

Question 22

complexity

Answer 22

• acts of parliament are often very long and complex,
• making them difficult to understand,
• many appeal cases heard by Supreme Court deal with interpretation of Acts of Parliament,
• where a lot of detailed rules are needed it’s not always possible to include them an act,
• even if detail is given it cannot be changed without another, later act,

Question 23

government control

Answer 23

• government is in control of parliamentary timetables and allows very little time for private ‘members’ bills,
• often deal with important moral issues,
• even when a private member does manage to introduce a bill it can be easily voted out by the government as they have the majority in Commons,
• resulting that very few private members bills become law and few moral issues are legislated upon,

Question 24

advantages of parliamentary law making

Answer 24

• democratic,
• full reform,
• consultation,

Question 25

democratic

Answer 25

- made by elected representatives, meaning its democratic, - Parliament is answerable to the electorate as there has to be a general election at least once every 5 years, - government can be voted out of office,

Question 26

full reform

Answer 26

- can reform whole areas of law in one act, - making law simpler to find, - example - Fraud Act 2006, - which abolished all old offences of deception and fraud, - creating a new, simpler structure of offences, - contrasting, judges use precedent and can only change very small areas of law as they can only rule on the point of law in the case they are deciding,

Question 27

broad policy

Answer 27

- acts of parliament can also set broad policies and give power to others (usually government ministers to make detailed rules, known as delegated legislation), - advantage because general structure is laid down by Parliament but allows greater detail in the law,

Question 28

consultation

Answer 28

- before a Bill is presented to Parliament there will have been consultation on proposed changes to the law, - allows government to take into consideration subjections and objections to the proposals, - the use of green and white papers also make sure proposed a law has received consultation, - the new law will be thoroughly discussed in Parliament,

Question 29

house of commons

Answer 29

- members democratically elected, - most Bills introduced to commons first, if Commons votes against a bill, that is the end of the bill, - during course of a bill thorough commons, there will be debates on issues of the policy behind the law as well as on specific details of Bill, - government will have majority in commons, likely policies they support will become law,

Question 30

house of lords

Answer 30

- acts as a check on commons, - all Bills go through Lords and members can vote against proposed changes to law, - power is limited by Parliament Act 1911 and 1949, - these allow Bills to become law even if Lords rejects it, - Lords can delay a law by up to 1 year, - not an elected body, - refine an add to law rather than oppose will of the democratically elected commons,