Parliamentary Law Making

Question 1

What is a key principle in a democracy?

Answer 1

That laws should be made by the elected representatives of society

Question 2

Who does Parliament consist of?

Answer 2

House of Commons, House of Lords and the Monarch

Question 3

Who sits in the House of Commons?

Answer 3

Those elected by the electorate

Question 4

What is the House of Lords?

Answer 4

A non-elected body

Question 5

Who issues a Green Paper?

Answer 5

The Minister with responsibility for that matter

Question 6

What is a Green Paper?

Answer 6

A consultative document on a topic in which the government’s view is put forward with proposals for law reform

Question 7

What happens when a Green Paper is issued?

Answer 7

Interested parties are invited to send comments to the relevant government department so that full consideration of all sides can be made and any necessary changes

Question 8

What is published after a Green Paper?

Answer 8

A White Paper

Question 9

What is a White Paper?

Answer 9

A consultative document with more firm proposals for law reform with a further opportunity to give feedback before the proposals for a new law are formally presented to Parliament

Question 10

What is a Bill?

Answer 10

When the proposed law has been drafted and published

Question 11

What is a Government Bill?

Answer 11

Where it’s a Bill put forward by the government and it will be introduced into Parliament by a government minister

Question 12

What is a Private Members’ Bill?

Answer 12

Where MPs introduce a Bill

Question 13

What are the two ways in which an MP can introduce a Private Members Bill?

Answer 13

• through the ballot where 20 MPs are selected to introduce a Bill but there’s a time limit so only few have chance to
• under the ‘ten minute rule’ where any MP can make a speech supporting the introduction of their Bill

Question 14

What is an example of a Private Members Bill?

Answer 14

WASTE RECYCLING ACT 2003 which places local authorities under a duty to recycle waste

Question 15

What are Public Bills?

Answer 15

Bills involving matters of public policy which will affect the general public

Question 16

What is an example of a Public Bill?

Answer 16

DIGITAL ECONOMY ACT 2017

Question 17

What are Private Bills?

Answer 17

Bills which only affect specific individuals or organisations which are introduced by the affected party themselves

Question 18

What is an example of a Private Bill?

Answer 18

LEEDS CITY COUNCIL ACT 2013 which allows Leeds City Council to impose foxes penalties to control street trading in the city

Question 19

What are Hybrid Bills?

Answer 19

Bills which affect the general public and the private interests of specific individuals or groups

Question 20

What is an example of a Hybrid Bill?

Answer 20

Cross rail Bills which allow for the construction of underground rail links in London which’s affect people in that area

Question 21

What happens in the First Reading?

Answer 21

The name and main aims of the Bill are read out but no discussion or vote takes place

Question 22

What happens at the Second Reading?

Answer 22

There’s the main debate on the principles of the Bill followed by a vote. There must be a majority in favour for the Bill to progress any further

Question 23

What happens at the Committee Stage?

Answer 23

A Public Bill committee of between 16 and 50 MPs examine the details of the Bill clause by clause and suggest amendments followed by a vote after hearing evidence

Question 24

What happens at the Report Stage?

Answer 24

The Public Bill Committee reports back any amendments made which will be debated in the House and followed by a vote. The Bill will be considered as a whole and gives MPs who aren’t on the committee to suggest amendments

Question 25

What happens at the Third Reading?

Answer 25

There’s a final debate on the Bill in its amended form and a final vote is taken

Question 26

What happens after the process in the House of Commons?

Answer 26

It must be passed to the House of Lords where it goes through the same stages

Question 27

What must happen if the House of Lords make any amendments to the Bill?

Answer 27

The House if Commons have to approve them

Question 28

What do the PARLIAMENT ACTS 1911 AND 1949 restrict the House to Lords on?

Answer 28

The Lords can only delay a Bill which has been approved by the Commons as they’re not an elected body.

Question 29

What happens if a Bill passes through the House of Commons unaltered?

Answer 29

The Lords can be by-passed and a Bill can go straight to Royal Assent

Question 30

What is an example of when the Lords were by-passed?

Answer 30

HUNTING ACT 2004

Question 31

What is Royal Assent?

Answer 31

Where the Monarch gives approval to the Bill and it then becomes an Act of Parliament

Question 32

What are advantages of political influence in parliamentary law making?

Answer 32

Each political party has its proposals for law reform ready incase it’s elected and the majority the elected party have will mean most of its proposals will become law which makes the law making process more efficient. The EUROPEAN REFERENDUM ACT 2015 came about as a result of a Conservative Party manifesto promise

Question 33

What are the disadvantages of political influences on parliamentary law making?

Answer 33

If a different party is elected at the next election, the can repeal or amend laws passed by the previous government which can be costly and open to criticism. If the party had a small majority then it can restrict what laws they can get passed

Question 34

What are the advantages of strong public opinion influencing parliamentary law making?

Answer 34

Public opinion will be affected by specific events which may influence parliament. For example the Dunblane massacre led to the FIREARMS (AMENDMENT) ACT 1997 which banned private ownership of most handguns

Question 35

What are the disadvantages of strong public opinion influencing parliamentary law making?

Answer 35

The government may respond too quickly to high profile incidents which Amy lead to poorly drafted law. For example in the DANGEROUS DOGS ACT 1991 where the wording led to many disputed cases in court

Question 36

What are the advantages of media influencing parliamentary law making?

Answer 36

Media can criticise government policy and bring issues to attention. For example, the media highlighted MPs expenses claims and public outrage followed which led to a reform of the system

Question 37

What are the disadvantages of the media influencing parliamentary law making?

Answer 37

The media can manipulate the news to and create a biased public opinion

Question 38

What are the advantages of pressure groups influencing parliamentary law making?

Answer 38

A wide range of issues are drawn to attention of the government as there are many different pressure groups with different aims and concerns

Question 39

What are the disadvantages of pressure groups influencing parliamentary law making?

Answer 39

Pressure groups can be seen to be imposing their ideas even if the majority of the public disagree. Pressure groups can have conflicting interests and want opposing things. For example, the League against Cruel Sports wanted fox hunting banned but the Countryside Alliance wanted it to be allowed to be continued

Question 40

What is lobbying?

Answer 40

When pressure groups try to persuade individual MPs to support their cause

Question 41

What are the advantages of The Law Commission influencing parliamentary law making?

Answer 41

Areas of law are researched by legal experts who consult interested parties before finalising its proposals and whole areas of law can be considered

Question 42

What are the disadvantages of The Law Commission influencing parliamentary law making?

Answer 42

The government don’t always implement the reforms The Law Commission suggest because of the lack of time for pure law reform

Question 43

What does Dicey say parliamentary supremacy means?

Answer 43

* there are no limits on what Parliament can make laws about and it can change its own powers after the PARLIAMENT ACTS 1991 AND 1949 which placed limits on the House of Lords blocking a Bill * each new Parliament should be free to make and change laws made by previous parliaments * no other body has the right to overrule an Act of Parliament

Question 44

What does the STATUTE OF WESTMINSTER 1931 demonstrate?

Answer 44

It would be impractical to repeal certain acts of Parliament as it says that UK statutes should not extend to Commonwealth countries unless they consent

Question 45

What does the HUMAN RIGHTS ACT 2008 state?

Answer 45

That all Acts of Parliament have to be compatible with the European Convention on Human Rights

Question 46

What does the case H V MENTAL HEALTH REVIEW TRIBUNAL demonstrate?

Answer 46

It is possible to challenge an Act on the ground that it does not comply with the Convention

Question 47

What happened in H V MENTAL HEALTH REVIEW TRIBUNAL?

Answer 47

The Court of Appeal declared that the MENTAL HEALTH ACT 1983 was not compatible with the human right not to be detained without good reason and the Act placed the burden of proof on the patient to show that they should be released from hospital rather than on the state

Question 48

What does the SCOTLAND ACT 1998 and WALES ACT 1998 allow?

Answer 48

The Scottish Parliament and Welsh Assembly to make laws on matters for their own countries without having to get Parliaments approval

Question 49

What does the MERCHANT SHIPPING ACT 1998 demonstrate?

Answer 49

That EU law takes priority over UK law