Parliamentary Law Making (Paper 2: Section A) Flashcards
(21 cards)
What is the process of a bill through the House of Commons?
- Green Paper
- White Paper
- First Reading
- Second Reading (Debate and Amendment)
- Third Reading (and vote)
What is the process of a bill through the House of Lords?
- Same stages as House of Commons
- Royal Assent
Types of bills?
Private - Introduced by the Gov, likely to become laws
Public - Designed to only affect certain individuals/corporations instead of everyone
Private Members - Introduced by either house, discussed every session, and chosen by ballot due to limited time.
Examples of public bills
- Dangerous Dogs Act 1991 (amended in February 2024)
- Victims and Prisoners Act 2024
Examples of Private Bills
Bishop’s Stortford Cemetary Act 2024
Examples of Private Member’s Bills
- Pet Abduction Act 2024
- The Abortion Act 1967
- Forced Marriage Act 2007
Advantages of the Legislative process
- Emergency Laws Can be Introduced, Debated and Enacted quickly (2020 Covid Laws)
- All Laws will be thoroughly scrutinised and debated before being brought into effect
- Democratic because MP’s are elected and every 5 years they can be voted out (allows for law reforms)
- The consultations process allows the government to take objections and suggestions for their proposal into consideration (better act and less reforms)
- The law commissioner will have conducted research so there is a less controversial and better drafted bill (opportunity for codifications of existing laws - Sentencing Act in 2020)
- A Gov minister would introduce the law - have full knowledge, support and expertise in the roposal and involved in the drafting
- Laws passed by parliament are the highest form of law - no discrepancy and must be applied by all judges. (clear separation of powers between Parliament and Judiciary (makes and applies))
Disadvantages of the Legislative Process
- Mp’s aren’t specialists in all areas of legislation (means not all legislation will receive the same level of scrutiny)
- Parliamentary sovereignity means an act needs to be passed in order to change law (hard to change badly drawn up/outdated legislation. E.G. DDA 1991)
- Gov is in control which means that less time is dedicated to private members bills being discussed/introduced to solve moral issues. (e.g. right to die) - v few pmb become law
- Could be several months for a bill to be passed due to all the stages and possible ping pong between HoL and HoC. (Consumer rights act 2015 took 14 months from first reading to royal assent)
- Gov and Parliament don’t always have the time/inclination to deal with all reforms. Especially in criminal law. E.G. the law on assaults/non-fatal offences against the person is still waiting for reform
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What are the influences on Parliament?
- Pressure groups
- Manifestos
- Media
- Lobbyists
Example of a pressure group
Oxfam
Advantages of Pressure groups
- Plays an important role in holding politicians accountable for their actions (preventing abuse of power)
- Often have special knowledge and expertise on the topic, meaning that by interacting with them, politicians are able to make clearer and more informed decisions
Disadvantages of pressure groups
- may provide narrow, one sided arguments in favour of their interest
Example of Manifestos
- Political party manifestos (Green, Labour, Tory/Conservative, Reform, Etc.)
Advantages of manifestos
- Allows for the general public to be informed about the main key points and reforms that the party stands for and wants to implement in order to let people make generally informed decisions
Disadvantages of Manifestos
- Parties aren’t required to follow through on the points made in the manifestos once elected
Examples of Media
- The BBC
Advantages of the media
- Allows for easy and quick access to current events, allowing for the public to remain aware of events in parliament
- Can help boost an important event going on in parliament/law to the general public
Disadvantages of the media
- Often over-exaggerates on events in an attempt to create moral panic, leading to a possible fabrication or incorrect interpretation of events in parliament
Examples of Lobbyists
- David Cameron (?)
Advantages of Lobbyists
- Allows for people to express their veiws on a topic and can ensure the opinions and needs of minorities are included in the legal process
Disadvantages of lobbyists
- Creates a potential for corruption where lobbyists use their power to manipulate laws in favour of the minority over the majority
