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Law making and the nature of law (c1) > Parliamentary and European law making (1.1.1) > Flashcards

Parliamentary and European law making (1.1.1) Flashcards

1
Q

What is a green paper?

A

An intention to change a law that outlines the format it will take, it is published to the internet and interested parties

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2
Q

What is a white paper?

A

A positive proposal on the format the new law will take, published by parliament

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3
Q

What are the 3 key principles of the UK’s unwritten constitution?

A
  1. Parliamentary sovereignty
  2. Rule of law
  3. Separation of powers
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4
Q

Define what parliamentary sovereignty is

A

A.V. Dicey’s principle that parliament has absolute power and that Acts of Parliament can overrule any other source of law

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5
Q

Describe what parliamentary sovereignty means for the UK

A

Parliament can make/unmake any law without legal constraints, no parliament can bind another act of parliament and no act can be challenged

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6
Q

How has A.V. Dicey’s principle been challenged in the UK?

A

Brexit (EU law used to override UK law, since, it is undetermined how it will influence the UK), The Human Rights Act (1998) and devolution

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7
Q

Define devolution

A

Transference of power from central government to regional/local government (e.g. formation of Welsh parliament)

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8
Q

Define what the rule of law is

A

A. V. Dicey’s principle that the state should govern its citizens in accordance with rules that have been agreed upon

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9
Q

What does the rule of law mean for the UK?

A

No sanction without breach, one law should govern everyone and the rights of individuals are secured by decisions of judges (judicial precedent)

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10
Q

How has the rule of law been breached in the history of the law

A

A conservative MP proposed to ignore a ruling by the European Court of human rights that allows UK prisoners the right to vote

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11
Q

Define the separation of powers

A

State power is separated into executive (government), judicial and legislative - each type exercised by different bodies of people

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12
Q

Describe the link between the separation of powers and the Constitutional Reform act (2005)

A

The Constitutional Reform act (2005) created Supreme Court in order to eliminate the overlap between the judiciary and legislature

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13
Q

Describe a private bill

A

A law designed to affect only individuals or corporations

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14
Q

Describe a public bill

A

Bill involves matters of public policy that will affect the whole country/ a large section of it

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15
Q

Private members’ bill

A

Bill sponsored by mp’s, 20 members chosen to take turn in presenting their bills to parliament - usually covers issues individual mp’s are interested in

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16
Q

What are the 7 stages of a bill becoming an Act of Parliament?

A
  1. First reading (house of commons)
  2. Second reading
  3. Committee stage
  4. Report stage
  5. Third reading
  6. Repeat process (House of Lords)
  7. Royal assent
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17
Q

Explain the first, second and third reading of a bill in parliament

A

First: title of prepared bill is read to House of Commons
Second: MP’s debate main principles of the bill, voting wether legislation should proceed
Third (after committee and report stage): no amendments are made, decided wether to reject or accept the bill

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18
Q

Explain the committee stage and the report stage in a bill becoming an Act of Parliament

A

Committee stage: detailed examination of bill, clauses agreed to, edited or removed
Report stage: proposed amendments are debated and voted upon

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19
Q

What happens if the House of Lords disagrees with a proposed bill becoming an Act of Parliament?

A

A ‘ping-ponging’ stage occurs where the House of Lords makes amendments to the bill and it is sent back to the House of Commons where it is debated upon again, process repeats until both houses agree

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20
Q

Why are the Parliament acts so important (1911 and 1949)?

A

1911: House of Lords can no longer stop a bill from becoming an Act of Parliament, but can delay if for 2 years
1949: House of Lords can delay a bill for 1 year

21
Q

Who do MP’s represent in the House of Commons?

A

Constituencies (areas of the UK, who have voted for that MP)

22
Q

What are the 6 sources of law in the UK?

A

1) Judicial Precedent
2) Acts of Parliament
3) Delegated Legislation
4) EU law
5) Statutory Interpretation
6) European Convention on Human Rights

23
Q

What makes up the UK legislature (parliament)?

A

House of Commons
House of Lords
Monarchy

24
Q

What makes up the UK executive?

A

The government, usually formed by the party that won the most seats in the House of Commons at a general election

25
Q

What makes up the UK judiciary?

A

The judges

26
Q

What are the methods of law reform?

A

-Law Commission
-Judicial change
-Parliament
-Pressure groups
-Royal Commission
-Private members bill
-Public inquiries

27
Q

Explain the R v R case (1991) in relation to judicial change

A

The sexual offences act (2003) was amended to reflect the fact that non-consensual intercourse is rape regardless of marital status

28
Q

How does parliament and the law commission reform the law?

A

Repeal
Creation
Consolidation
Codification

29
Q

Define repeal

A

Old/obsolete laws are removed

30
Q

Define creation

A

Completely new laws are created

31
Q

Define consolidation

A

Combining the law from several acts of Parliament into one act

32
Q

Define codification

A

Bringing together all law on one topic into one complete code of law

33
Q

What is the process of law reform in law commission?

A

1) topic for research is chosen by law commission or referred by government
2) law commission researches law
3) law commission issues consultation paper
4) law commission issues a final report, usually with a draft bill

34
Q

What does the Law commission consist of?

A

A chairman (high court judge)
4 law commissioners (qualified lawyers)
Support staff

35
Q

Which act reveals the role of the law commission?

A

Section 3: Law commission act (1965) - ‘Keep under review all the law with a view to its systematic development and reform’

36
Q

Define a consultation paper

A

Describes the current law, sets out the problems and looks at the options for reform

37
Q

Describe a final report

A

Positive proposals for reform, sets out the research that lead to the conclusions, often includes a draft bill

38
Q

When the Law commission was first formed (1965) it aimed to reform big sections of law, how has this changed?

A

The government wouldn’t implement the larger sections so now they focus on smaller sections of law that can be added in later in hopes that the government are more likely to implement it

39
Q

When the Law commission was first formed (1965), they focussed on bigger sections of law, how has this changed?

A

Government would rarely implement it, so they now codify smaller sections of law that can be added in later in hopes that government are more likely to implement it

40
Q

Explain an act that has been reformed

A

Consumer rights act (2015) giving consumers the right to reject faulty goods and the right to a refund if they act within a reasonable time

41
Q

What may new acts of Parliament be influenced by?

A

Unexpected events
The media
Law reform agencies
Public opinion
European convention of Human rights

42
Q

Define what a pressure group is

A

Organisations which seek to influence the direction of law and policy on the basis of the views and opinions of their members

43
Q

Define interest groups

A

Represent a particular section of society

44
Q

Define a cause group

A

Based on shared attitudes or values

45
Q

What tactics can the public and pressure groups use to influence Parliament

A

Letter writing
Petitions
Lobbying MP’s
Protests
Gain publicity and media attention

46
Q

Pressure groups may be consulted by Parliament in the early stages of law development, what will thus take the form of?

A

Green or a white paper

47
Q

What is an advantage and disadvantage to pressure groups?

A

+ Enhances democracy and encourages people to get involved in politics
+ Raises public awareness
- Provides a one sided view
- Some groups advocate direct action, which can be illegal

48
Q

What are Royal commissions?

A

Temporary committees set up by government to investigate and report on one specific area of law and are dissolved once finished

49
Q

What is an advantage and a disadvantage to royal commissions?

A

+ Takes evidence from experts in the area concerned as they only focus on one small area
- Can only make recommendations and are not always put into effect

Law making and the nature of law (c1) (4 decks)

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