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Law Paper 2 - Tort + Legislation > Legislation > Flashcards

Legislation Flashcards

(90 cards)

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1
Q

What are the influences on parliament legislation?

A

Political Influence
Public Opinion/Media
Pressure Groups
Lobbying
Law Reform Bodies

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2
Q

What is a manifesto?

A

A list of reforms a political party would make if they were elected next

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3
Q

What are the advantages of political influence?

A

Each party that is elected already knows what laws they want to pass due to their manifesto
Virtually every law gets passed due to the party having a majority
Makes the law-making process efficient

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4
Q

What are the disadvantages of political influence?

A

If a different party is elected next term, they might reverse laws passed by the previous government which is costly and open to criticism
A coalition government means parties have to compromise on what laws are passed which restricts what laws can be passed

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5
Q

What is a coalition government?

A

Where 2 parties combine to form the majority

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6
Q

What is an example of a coalition government?

A

Conservatives and Liberal Democrats 2010-2015

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7
Q

When might public opinion be an influence on legislation?

A

Where there is strong public opinion, the government might bow to the opinion especially if it is near the end of their term to gain popularity for re-election

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8
Q

When might media be an influence on legislation?

A

Where an issue is given a high profile on television and in the newspapers, then this also brings it to the attention of other members of the public and may add to the weight of public opinion

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9
Q

What are the advantages of public opinion and media as an influence on legislation?

A

Specific events may strengthen public opinion causing the law to be passed quickly for public benefit
Having a free press allows government to be criticised publicly which strengthens public opinion and quickens legislation

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10
Q

What is a specific event that strengthened public opinion?

A

Dunblane Massacre of 1996 which led to the Firearms Act 1997 which banned private possession of all handguns

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11
Q

What is an instance of media criticism that strengthened public opinion?

A

MP’s expenses claim in 2009 was highlighted in the media and caused public outcry causing the whole system to be reformed

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12
Q

What are the disadvantages of public opinion and media as an influence on legislation?

A

The government may respond too quickly to high-profile influence causing poorly drafted law
The media may manipulate the news and create public opinion

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13
Q

What is a high-profile incident that led to a poorly drafted law?

A

Dangerous Dogs Act 1991 didn’t include dogs that were most dangerous like German shepherds and included dogs that do not even exist

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14
Q

What are the 2 types of pressure groups?

A

Sectional pressure groups
Cause pressure groups

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15
Q

What are sectional pressure groups?

A

They represent the interests of a particular group of people

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16
Q

What are examples of sectional pressure groups?

A

British Medical Association
AA
RAC

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17
Q

What are cause pressure groups?

A

They promote a particular cause

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18
Q

What are examples of cause pressure groups?

A

Greenpeace
Just Stop Oil
PETA
Fathers 4 Justice

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19
Q

What are instances where pressure groups influenced legislation?

A

In 2000, when the government reduced the age of consent for homosexual sex in line with heterosexual sex at 16
The League Against Cruel Sports advocated for the passing of the Hunting Act 2004 which banned hunting foxes with dogs
In 2007, where bans against smoking in public places were introduced due to public and medical opinion

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20
Q

What is an example of where a pressure group advocated against legislation?

A

Where the government tried to rescind the right to trial by jury - Justice and Liberty campaigned against it as they believed it infringed human rights

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21
Q

What is lobbying?

A

Where pressure groups try to persuade individual MPs to support their cause in the House of Commons

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22
Q

What are the advantages of pressure groups as an influence on legislation?

A

A wide range of issues are presented to government due to the varying pressure groups
Pressure groups raise important issues leading to important reforms

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23
Q

What are the disadvantages of pressure groups as an influence of legislation?

A

Not democratic as sometimes the majority of public do not support their views
Sometimes 2 pressure groups have opposing views

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24
Q

What is an example of where 2 pressure groups have opposing views?

A

When the League against Cruel Sports wanted fox hunting to be banned but the Countryside Alliance wanted it to continue

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25
What are law reform bodies as an influence on legislation?
Consider what reforms are needed and suggest them to parliament
26
What is an example of a law reform body?
The Law Commission
27
What is the Law Commission?
A permanent panel of legal experts who research areas of law and draft bills setting out the reforms they think are needed - most recommendations are eventually made law
28
What are the advantages of law reform bodies as an influence of legislation?
Areas of law are researched by legal experts The Law Commission consults before finalising its proposals Whole areas of law can be considered, not just isolated issues Enacting the law on an area in one Act makes the law easier to find and understand
29
What are the disadvantages of law reform bodies as an influence on legislation?
Government do not always enact the reforms suggested due to a lack of parliamentary time
30
Why is legislation needed?
New laws are required to meet changing society Judicial precedent can be inefficient, slow and undemocratic Pressure on Government to make new law Different government policies mean changes in the law
31
How do we legislate?
UK Parliament makes our national laws Parliament is supreme in developing the law and it cannot be ignored by the courts, so it is democratic
32
What are the 2 types of legislation?
Acts of Parliament Delegated Legislation
33
What are the 3 parts of UK Parliament?
House of Lords House of Commons The Monarch
34
What are the 3 different types of bills?
Government Bills Private Members Bills Private Bills
35
What is a government bill?
Most common bills that are put forward by the party in power Passed through parliament easily due to majority Proposals for bills for the coming year ate mentioned in the King's Speech every November - Criminal Justice Act 1988, Theft Act 1968
36
What is a private members bill?
Put forward by individual backbench MPs and are selected by ballot or the 10-minute rule Time for debate on these bills is limited so few become law unless they have government support Important Acts passed this way - David Steel's Abortion Act 1967, Marriage Act 1994
37
What is the 10-minute rule?
Where the MP who put forward the bill has 10 minutes to propose their case
38
What is a private bill?
Least common type of bill May be introduced into parliament by large corporations Only affect one area or group in a community - not the general public Lloyds TSB Act 1998
39
What do all acts start as?
Bills that need to pass through parliament
40
What are public bills?
Ones that affect the whole country
41
Who are public bills proposed by?
Government departments, ministers and civil servants
42
Where else do bills come from?
Special commissions, official enquiries and Law Commission reports - the government decides whether to put these before parliament
43
What is the first stage of the legislative process?
A consultation paper called a Green Paper which sets out what the government is seeking to do and asks for views
44
What happens after a Green Paper is discussed?
Government puts together a White Paper which sets out decided proposals and reasons for the legislation
45
Occasionally who else are bills scrutinised by before being formally introduced?
Parliamentary Committies
46
What happens once the department decides its proposals?
They are passed to civil servants called Parliamentary Counsel who formally draft the law and makes it ready to present to parliament
47
Who does the bill need to be approved by to be given time in parliament?
The Future Business Committee who are a cabinet committee
48
Where do most bills start?
House of Commons
49
What is the first reading?
The formal stage where the bill is presented before the House - no debate on its content
50
What is the second reading?
The minister sets out the policy objectives of the Bill and it is broadly debated on its merits in the Commons Bills are rarely voted on or defeated here
51
What is the Committee Stage?
Detailed scrutiny of the clauses takes place in a Standing Committee which is specifically drawn up for the bill - amendments will then be proposed
52
How is the Standing Committee for the Committee Stage set up?
The Committee of Selection will select around 18MPs in proportion to the party makeup of the Commons
53
Who always has the majority in the Standing Committee?
The party in power/Government
54
What is the Report Stage?
Back in the Commons, the changes made to the bill may be accepted or rejected and further changes may be made
55
What is the Third Reading?
The final formal stage where the bill is confirmed No changes are made
56
After the Commons, where does the bill go?
House of Lords
57
How does the process in the HoL differ to the HoC?
The committee stage is carried out in the house as a whole Changes can be made at the Third Reading stage
58
What did the HoL reject twice in 1999?
Criminal Justice (Mode of Trial) Bill which tried to restrict trial by jury
59
What did the government have to do after the HoL rejected the Criminal Justice (Mode of Trial) Bill which tried to restrict trial by jury twice?
Withdraw the bill They decided not to reintroduce it in the next session
60
How many times did the HoL defeat the government in 2001-2002?
57 times
61
What happens after the HoL passes the bill?
Royal Assent
62
What happens during the Royal Assent?
The King signs the act
63
After Royal Assent does the Act come into place immediately?
Yes, unless a specific time is stated in the act
64
If the HoL refuses to pass a bill what can the HoC do?
They can reintroduce it in the next session of Parliament
65
What act allows the reintroduced bill to go straight to the Royal Ascent, bypassing the HoL?
Parliament Act 1949
66
What does the Parliament Act 1949 allow?
Allows the reintroduced bill to go straight to the Royal Ascent, bypassing the HoL
67
Why might the quality of legislation be weakened?
Large gov majorities ensure that opposition parties do not have much impact - leaving large sections of the public under-represented in the law making process Only 35% of MPs are women (Oct 2023) and only 10% are non-white (General Election 2019) There may be a lack of meaningful debate and an unwillingness to regard the opinions of other parties other than the gov
68
What is an example of an ill-thought and rushed legislation?
Dangerous Dogs Act 1991
69
What are the limitations on legislation?
Before Brexit, EU laws took priority over English Law even when the English Law was passed after the relevant EU Law - however, this now does not apply All Acts of Parliament must be compatible with the European Convention on Human Rights - S.4 of the Human Rights Act states that the courts have the power to declare an Act incompatible with the HRA
70
What is parliamentary supremacy?
Legislation is sovereign over other forms of law in the ELS
71
What does parliamentary supremacy for other laws and judges?
Legislation can overrule any custom, judicial precedent, delegated legislation or former legislation
72
What ideal is parliamentary supremacy based on?
Democratic Law Making - made by the elected parliament
73
Are there any limits on parliament?
No, they can legislate on all situations and they can change its own powers
74
What freedom does each new parliament have?
The freedom to make or change the law as it wishes - it cannot be bound by a law made by a previous parliament
75
Can an act of parliament be challenged or overruled by the courts?
No, that is the idea of parliamentary supremacy
76
What are the advantages of legislation?
Scrutiny Democracy Horse of Lords Flexibility Parliamentary Supremacy Simplification Delegation
77
What is the 'Scrutiny' advantage of legislation?
It is very thorough with 3 reading and 2 stages in both houses of parliament so there are lots of opportunities for changes and amendment - In the committee stage the bill gets looked through clause by clause
78
What is the 'Democratic' advantage of legislation?
MP's are democratically elected and each MP can put forward their constituents view in any debate to be voted on by other MP's House of Lords cannot veto a bill just suggest amendments under the Parliament Act 1911 which is good Monarch only acts in a formal role
79
What is the 'House of Lords' advantage of legislation?
This acts as a checking mechanism, leading to greater scrutiny and more debate meaning better legislation
80
What is the 'Flexibility' advantage of legislation?
Controversial matters can be put forward by private members bills and can MP's may be allowed a free vote on conscience when a party do not want to make a stand on a specific scenario - Abortion Act 1967
81
What is the 'Parliamentary Supremacy' advantage of legislation?
Acts cannot be challenged which brings certainty in the law
82
What is the 'Delegated Legislation' advantage of legislation?
Other bodies consisting of experts can look at the legislation
83
What is the 'Simplification' advantage of legislation?
Parliament can 'in theory' simplify the law by bringing whole areas together through codification and consolidation but this is quite rare
84
What are the disadvantages of legislation?
Undemocratic Slow Language Over Complicated First Past The Post Parliamentary Time
85
What is the 'Undemocratic' disadvantage of legislation?
HoL + King are not elected but have a role and MP's are still told how to vote in line with their party and leader through party whips - highlighted by Rory Stewart Non-British citizens although live in the UK and pay taxes do not have a vote which is undemocratic U18's cannot vote but many policies may affect them which is undemocratic
86
What is the 'Slow' disadvantage of legislation?
Where a law is needed quickly the process is too slow (can take months)
87
What is the 'Language' disadvantage of legislation?
75% of Supreme Court cases involve the interpretation of wording within an act meaning the law is inaccessible to the ordinary person and causes the law to lack clarity
88
What is the 'Over-complicated' disadvantage of legislation?
Many acts are amended by later acts, meaning several statutes need to be looked at to understand the law, including delegated legislation as well - this makes discovery and accessibility of the law difficult
89
What is the 'First Past the Post' disadvantage of legislation?
The First Past the Post System is undemocratic as the majority of the votes may not get the majority of the seats as they haven't won enough constituencies - Proportional Representation is much more democratic
90
What is the 'Parliamentary Time' disadvantage of legislation?
Law reform and private members bills are not looked at as time is taken up by other matters - COVID, Brexit, Immigration etc. leading to little time for codification and consolidation

Law Paper 2 - Tort + Legislation (11 decks)

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