Law Making - Parliamentary Law Making And Reform

Question 1

How many elected MPs are there?

Answer 1

650 who sit in the lower chamber

Question 2

How many members are there in the House of Lords?

Answer 2

781 who sit in the upper chamber
26 bishops
91 hereditary peers
664 life peers

Question 3

Who has to sign off on all new laws?

Answer 3

The monarch

Question 4

What does the legislator do?

Answer 4

Make the laws

Question 5

What do the judiciary do?

Answer 5

Review the law

Question 6

What do the executives do?

Answer 6

Implement the law

Question 7

Why does parliament make laws?

Answer 7

To keep the public safe
Adapt laws for fairness
Change over time
Balance and multiple viewpoints
Stops dissent (revolt)
To keep order in society
Ensured a process of changing and checking
To punish those who act wrongly

Question 8

What is an act of parliament?

Answer 8

Laws made by parliament are called Acts and are also referred to as statutes or legislation
In order to make an Act a Bill must be introduced, debated and approved by parliament before receiving royal assent

Question 9

Role of the House of Lords

Answer 9

Debates and votes on bills
Revises proposals for legislations
Questions the government and amends policies

Question 10

Powers of the House of Lords

Answer 10

Can delay legislation for up to a year
Parliament Acts 1911 and 1949 gave them less power (after a year the commons can force a law)

Question 11

Composition of House of Lords

Answer 11

800+ members
All members unelected and unpaid but receive expenses
Attendance is voluantry
3 types of peers

Question 12

Role of House of Commons

Answer 12

Debate, scrutinise and vote on laws
Ensures legislation is democratic
Has the greatest influence

Question 13

Composition of House of Commons

Answer 13

650 MPs
Each MP represents a constituency
MPs are elected in general elections
Government drawn form party with the most elected MPs
PM appoints cabinet

Question 14

Powers of House of Commons

Answer 14

Supreme legislative powers
Parliament Acts 1911 and 1949 menas the House of Commons can pass a law without the consent of the lords

Question 15

What is the government?

Answer 15

Runs the country and are responsible for developing and implementing policy, drafting laws and they sit in the House of Commons

Question 16

What does the monarch do?

Answer 16

They have final say as to whether a bill is passed into law, however, no monarch has refused a law since Queen Anne in 1707
Under the Royal Assent Act 1961 the monarch only sees the title and summary of the bill

Question 17

What are the two main types of bills?

Answer 17

Public bills - intended to affect the public as a whole
Private bills - intended to affect one organisation or area

Question 18

What are the two types of public bill?

Answer 18

Government bills - steered through parliament by a minister from the appropriate government department
Private members bill - sponsored by an individual MP or peer

Question 19

What is a private members bill?

Answer 19

Introduced by any MP on a particular issue
Private members can only raise such a bill in parliament on specific occasions, there are a number situations in which an MP can raise a Bill (ballot, 10 minute rule and ordinary presentation)

Question 20

What is the type of private bill?

Answer 20

Personal bills - affect one or two people and always begin in the lords

Question 21

What is the consultation stage?

Answer 21

Before drafting there is a consultation period where the people concerned with it and experts on the subject create a green paper, proposing the bill

Question 22

What is a green paper?

Answer 22

Created as part of the consultation process
It is a proposal for the law including the reasons for wanting it and views can be expressed to change the proposal

Question 23

What is a white paper?

Answer 23

The first firm proposal for the new law and contains details of the bill

Question 24

What is the parliamentary stage?

Answer 24

A bill cannot become an act until it passes through both houses, starting with the formal introduction to either house in parliament
Finance bills must commence in the house of commons as it is the elected house and has more control over public finance

Question 25

What are hybrid bills?

Answer 25

They mix the characteristics of public and private bills They affect the general population but impact specific groups or individuals Often involve large infrastructure projects Longer procedure to allow affected parties to petition

Question 26

What is commencement?

Answer 26

When the act comes into force, this can be immediately, after a set period or after a commencement order by the government minister If a commencement order is required but not made the act does not come into force If there is no commencement order, the act will come into force form midnight of the day it is given royal assent

Question 27

Advantages of parliamentary law making

Answer 27

Democratic process (elected members can debate and amend bills) MPs representing constituents (legislation should reflect the will of the electorate) Individual MPs can introduce legislation relevant to their constituents The process is very thorough All bills subjected ti detailed scrutiny making sure there’s no mistakes

Question 28

Disadvantages of parliamentary law making

Answer 28

Undemocratic because lords are not elected and can debate and amend laws (not responsible so may be poor quality) Elective dictatorship if government has majority parliament The process is very slow and can take many months Little time to consider private members bill Cannot deal with emergencies due to lengthy process Poor quality law can still be passed Complex legal language may be difficult for some people to understand meaning law may not be clear contrary to the rule of law Difficulty finding out which acts/sections are in force Over elaborate detail used as draftsmen try to cover every possible future situation the act could be applied to

Question 29

What happens at the first reading?

Answer 29

The bill is announced by reading out the title and summary of the bill in the House of Commons and there is a vote on whether the bill will be discussed further. The vote can be wither verbal or formal

Question 30

What happens at the second reading?

Answer 30

The main debating stage where all MPs can discuss the bill, ask questions and vote on the bill. The speaker controls the debate and who speaks. Alternatively, the bill may be subject to reasoned amendment int hat there is an objection to the way the bill has been phrased, if this happens then there will be a vote on whether the bill takes place

Question 31

What happens at the committee stage?

Answer 31

The details of the bill are discussed by a standing committee (group of 16-50 MPs or lords from all parties). They represent both skills needed and enough members to represent the political parties each of the houses and they look at the bill in detail and may make amendments

Question 32

What happens in the report stage?

Answer 32

Amendments made during committee stage are reported to everyone in the House of Commons. The house will look over the amendments made and vote on them and further amendments can be suggested. Not all amendments have to be suggested and a verbal vote can take place

Question 33

What happens at the third reading?

Answer 33

Final vote and discussion of the bill. No amendments are made during this stage and discussions are limited. If the vote is passed then the bill will be passed over to the next house

Question 34

What is meant by royal assent?

Answer 34

The bill doesn’t become a law until midnight of the day the monarch gives royal assent unless there is a specific date for the bill to come into place

Question 35

What is meant by the job of the whip?

Answer 35

Can force people in the party to vote with their leader

Question 36

What is an outsider pressure group?

Answer 36

Doesn’t have the ear of the government E.g. green peace, extinction rebellion

Question 37

What is an insider pressure group?

Answer 37

Already has the ear of the government E.g. trade unions, the woodland trust

Question 38

What are core insiders?

Answer 38

Strong two-way relationship with policy makers (NFU)

Question 39

What are specialist insiders?

Answer 39

Those who are granted insider status within a narrow area (WWF)

Question 40

What are peripheral insiders?

Answer 40

Those who have insider status but are rarely needed

Question 41

What are sectional pressure groups?

Answer 41

They exist to represent the views of a particular group, often workers They are only open to certain individuals

Question 42

What are cause pressure groups?

Answer 42

They exist to promote a particular cause They have open membership from the public

Question 43

What is the role of the law commission?

Answer 43

They are an independent, full time permanent body that suggests reforms to existing law They were set up by the Law Commissions Act 1965 They review areas that have become unduly complicated, outdated or unfair

Question 44

Aims of the law commission

Answer 44

To ensure law is fair, modern and cost effective To conduct research and consultations in order to make recommendations To codify law, eliminate anomalies and repeal obsolete and unnecessary enactments Codify - write down the law

Question 45

Main functions of the law commission

Answer 45

Codification - bringing together all of the law on a particular area into one act Consolidation - bringing many acts of parliament into one act of parliament e.g. Education Act 1996 Repeal - removes old law which is of no use

Question 46

Advantages of the law commssion

Answer 46

Makes good law - it spends lots of time researching law and so is able to be thorough and well informed Independent - not influenced by political bias Self investigation - can begin researching law without parliament Expertise - chairman is a high court judge, each of the commissioners are accomplished academics or qualified lawyers Research - carries out lots of research

Question 47

Disadvantages of law commission

Answer 47

No consultation - the government has no obligation to consult with the law commission No obligation - there is no obligation of the government to do what the law commission suggests Lengthy investigations - investigations take a long time to complete Lack of backgrounds - the law commission takes on a huge amount of work and so there may be a lack of thoroughness Implementation - around 1/3 of the law commission work is not implemented

Question 48

What is the role of the media?

Answer 48

The channel through which information is communicated to the public It represents and influences public opinion R v James Bulger - the media created a petition for the young kidnappers of James Bulger to be tried as adults

Question 49

Advantages of media

Answer 49

Accesible for everyone Variety of views which can give an opinion Can educate the population about current situations Feedback loop - government put something out, media shows opinions of the people and government takes it into account Can present public views to government Puts pressure on government and provides another layer of scrutiny

Question 50

Disadvantages of media

Answer 50

Can exaggerate issues Political bias within different outlets (fake news) Lack of privacy for politicians Could misinterpret views of the public Media frenzies Puts pressure on the government and provides another layer of scrutiny

Question 51

Advantages of pressure groups

Answer 51

Allow people the opportunity to participate in democracy by being involved in social change They allow free expression of opinion and the opportunity to influence government Offer expert opinions on certain political matters Can influence voting behaviour Able to raise awareness of issues Can create positive change

Question 52

How do pressure groups get the attention of the government?

Answer 52

Protests Marches Petitions Letters Riots Propaganda Direct action

Question 53

Legislation influenced by pressure groups

Answer 53

1994 - the age for homosexual acts in private was reduced from 21 to 18 In 2000 the age of consent was reduced to 16

Question 54

Disadvantages of pressure groups

Answer 54

Can cause disruption and destruction Can influence voting behaviour in an extremist way Can exaggerate issues Can have biased opinion May resort to violence