Parliamentary law making Flashcards
(6 cards)
parliamentary law making stages
Every Proposal for a new act of Parliament must be agreed by the House of Commons, the house of lords and the crown before it becomes an Act of parliament. This is known as the legislative process.It starts with a pre-legislative process where ideas are published as a green paper for consultation before being forward as a set of firm proposals known as the white paper. Once approved by Cabinet, A bill can start out in either House.The first stage is known as the First Reading and is a mere formality where the bill is introduced .Next is the second Reading where the main debate on the bill take place followed by a vote.If approved then the bill is moved to the committee stage where a specially selected committee will scruntise the bill line by line to make it achieve it aims . Any ammendments must then be brought to the house’s attention in the report stage . After this the bill will move to the final stage in whichevr House it commenced in called the third reading where the Bill has its final vote in its amended form. All of these stages are then repeated in the other house. A bill can be returned to the original chamber for amendment and this can lead to the ping pong stage where a bill is being passed back and forth between the two houses . in this situation the house of lords can use the Parliament Acts 1911 and 1949 to push a bill through without the approval oof the house of lord s this can be seen with the hunting Act 2004. This is accepted because the commons are elected whereas the lords are appointed. Finally the Bill must be approved by the reigning monarch before becoming an act of parliament. This is just a mere formality nowdays and no monarch has no withheld assent for over 300 years. The last Bill that was denied royal assent was the Scottish Militia Bill 1708
Advantages of Parliamentary law making- democratic
One advantage of parliamentary law making is that the legislative process is democratic as democracy is a key element in the legislative process as the house of commons are considered, This is democratic as Mps are elected through consisituencies and seats in a general election held every 5 years. elected members of the house of commons can consider debate ,ammend and vote on legislation. however this can remove from the equations this is because if the house of lords don’t approve the bill and a bill can be returned to its orginal chambers this is known as the ping pong stage.in this situation the house of commons can the parliament acts 1911 and 1949 to approve the bill without the consent of the house of lords. this can be seen with the Huntimg Act 2004
Advantages of Parliamentary law making - The Bill is in detail
The bill are scrunitised and thorough. This can be seen in through mutiple stages of the legislative process. For example the comminttes tsge . This is where a specially selected committee will scruntise a bill line by line to make sure its meet its aims however the bill can take a while before the bill is finally approved and sent to the house of lords but this going through he rest of the stages and implied into society. If a bill is not through. it can result in a poorly drafted. For example the dangerous dog act 1991, this law was ammended five years later and if purpose failed
advantages of parliamentary law making- it can lead to reform
One advantage of parliamentary law making is that it can lead to full reform the legislative process can reform whole areas of law in one act an example of this can be seen with the Fraud Act 2006 now judicial precedent allows for reform of the acts
Disadvantages of parliamentary law making–complexity
One disadvantage of parliamentary law making is use of complex legal languages as this makes the law difficult to undertand as aresult this can create some confusing when examing appeal cases
Disadvantages of law making - slow
one disadvantage of parliamentary law making this is because there are multiple stages in order for a bill to become a bill.An example of this can be seen with the committe which examines the bill line by line this can take up to seven months however it allows the bill to be perfected and ammended it is impliment in society to meet its intented thid can be seen with the dangerous dogs act 1949 thi si because the act was rushed and failed to meet its purposes and had to be redrafted again
