Parliamentary Law Making - Paper 2 Flashcards
(29 cards)
What are the three institutions of Parliament?
House of Commons, House of Lords, and the Monarch
Describe the composition of the House of Commons
Consists of MPs elected at a general election. The political party with the most seats in the Commons forms the government
Describe the composition of the House of Lords
It is a non-elected body made up of life peers, hereditary peers, and senior bishops
Which Acts of Parliament made the House of Lords less powerful than the House of Commons?
The Parliament Acts of 1911 and 1949
Name the current Monarch and their function in the parliamentary process
King Charles III, and gives Royal Assent to a Bill
What are the two main types of Bill?
Public Bills and Private Members Bills
What is the difference between public bills and private members bills?
Public Bills are introduced by the government and involve matters of public policy, whereas Private Members Bills are introduced by individual MPs
What is Dicey’s definition of parliamentary supremacy?
Parliament can legislate on any subject matter with no limits
No Parliament can be bound by any previous Parliament pass an Act which will bind a successor
No other body has the right to override or set aside an Act of Parliament
What are the two limitations on parliamentary supremacy?
The effect of the Human Rights Act 1998, Devolution
What is a Green Paper?
An idea for a new law, a consultation document
What is a White Paper?
A firm proposal for a new law
Explain what happens during the First Reading?
Minister gives information about the Bill, including its name and main aims
Explain what happens during the Second Reading?
Main debate about the main principles of the Bill, not the smaller details. There is a vote on whether the Bill should proceed to the next stage
Explain what happens during the Committee Stage?
Detailed examination of the Bill by a committee of between 15-60 MPs. Every line of the Bill is examined and amendments can be made
Describe what happens during the Report Stage?
Committee reports back any amendments to the House. If there are no amendments, there is no report stage
Explain what happens during the Third Reading?
Final vote on the Bill, normally a formality as its unlikely to fail at this stage
What happens when a Bill is sent to the Other House?
Bill goes through the same five stages it did in the other House. Possible ‘ping pong’ effect if changes are made
What is meant by Royal Assent?
Monarch formally gives approval to the Bill and it becomes an Act of Parliament
What are the four main influences on Parliament?
1) Political
2) Public Opinion/Media
3) Pressure Groups
4) Lobbyists
Explain what is meant by political influences?
Each political party will have its own policies and drafts a manifesto before a general election, if elected, these will be a major influence on the laws they introduce into Parliament, e.g. the European Union (Withdrawal) Agreement Act 2020 following Boris Johnson’s promise to ‘Get Brexit Done’ in the 2019 election
What are the advantages and disadvantages of political influences?
Advantages:
1) Each party has its proposals ready if it is elected
2) A government majority means that most of the laws it introduces will be passed
Disadvantages:
1) New governments may repeal or alter laws made by previous governments
2) A small majority may find it difficult to get laws passed, as the Conservative / Liberal Democrat Coalition did in 2010-15
Explain how public opinion/media can be an influence?
Strong public opinion may lead to a change in the law. The media may play an important role in highlighting problems
What are the advantages and disadvantages of public opinion/media?
Advantages:
1) It brings the government’s attention to areas needing reform, e.g. handgun law following the Dunblane massacre
Disadvantages:
1) Responding quickly to high profile incidents can lead to poorly drafted laws, e.g. the Dangerous Dogs Act 1991
2) The media may manipulate news and create public opinion
What are Pressure Groups?
Groups who have a particular interest and bring issues to the attention of the public and the government