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Law Making
Law Unit 1
| Question | Answer |
|---|---|
| What is the Act of Parliament also known as? | Statutes/Legislation |
| What do statutes start as? | Bills |
| When can MPs raise concerns? | At all stages |
| What can Statutes be referred as | Primary Legislation |
| What does the green paper do? | a consultative document issued by the government putting forward proposals for reform of the law |
| What does the white paper do? | a document issued by the government stating their decision as to how they are going to reform the law |
| What are the 4 types of Bills? | Private Bill Public Bill Private Member's Bill Hybrid Bill |
| Who does the Private Bill affect? | particular person, place / organisation |
| Example of Private Bill | Faversham Oyster Fishery Company Bill 2017 |
| What is the requirement for Private Bill? | That the people it effects has to be notified |
| Who does the Public Bill affect? | Whole country/ large section of it |
| Example of Public Bill | Criminal Justice Act 2003 |
| Who usually makes a Public Bill? | Government Ministers |
| Who introduces the PrivateMember's Bill? | Private MP |
| What are the ways that the Private Member's Bill can be introduced by? | Ballot 10 minute rule |
| What is the Hybrid Bill a cross between? | Public and Private Bill |
| Example of Hybrid Bill | Crossrali Acts |
| Name the order of the Parliamentary Process | 1. First Reading 2. Second Reading 3. Committee Stage 4. Report Stage 5. Third Reading 6. House of Lord 7. Royal Assent |
| What does the First Reading do? | Formal procedure where the name of the bill is read out. No discussion/ vote takes place |
| What does the Second Reading do? | Main debate on the principles of the bill. It's followed by a formal vote. Must have a majority in favour |
| What does the Committee Stage do? | A detailed clause by clause examination of the bill by a committee of MPs. This is a technical review, not a review of the policy behind the bill |
| What does the Report Stage do? | Committee reports back to House with any suggested amendments. House may/may not make the proposed changes |
| What does the Third Stage do? | Final vote in the House in question. It must have a majority in favour to continue further |
| What does the Transfer to the other House do? | Bill must go through same stages in other House |
| What does the Royal Assent do? | Bill must be signed by monarch before it is law |
| What happens after Royal Assent? | Commencement; may be on midnight on day of Royal Assent/ at specific future date |
| What is meant by parliamentary supremacy? | Dicey: 1. Parl can legislate on any subject matter 2. No Parl can be bound by any previous Parl, nor can a Parliament pass any Act that will bind a later Parliament 3. No other body has the right to override/ set aside an Act of Parliament |
| What are the limitations on Parliamentary sovereignty? | -the effects of the Human Rights Act 1998 -devolution -EU membership |
| Name the influences on Parliament | -Media and Public Opinion -Law Commission -Pressure Groups -Political Parties -EU |
| Explain the Media and Public Opinion | Strong public opinion can lead to a change in the law. The media play an important role in highlighting issues of social concern |
| Explain Law Commission | An independent body to review the law and propose reform |
| Explain Pressure Groups | Groups that have a particular interest and bring issues to the attention of the public and gov. |
| Explain Political Parties | Each party has its own policies and manifesto before general election. When elected, these will be a major influence on the laws they introduce into parliament |
| Give an example of a Gov. Policy/ Manifesto Pledge | Criminal Justice Act 2003 |
| Give an example of a Law Commission Act | Contracts (Rights of 3rd Parties) Act 1999 |
| Give an example of a Pressure Group Act | Hunting Act 2004 |
| Give an example of an Act from the Public/Media | Dangerous Dogs Act 1991 |
| What are the advantages of Political influences? | -Each political party has its proposals ready if elected -A gov. majority means that most of the laws it introduces will be passed -Democratic |
| What are the disadvantages of Political influence? | -New governments may repeal or alter laws made by previous governments -Non democratic towards end of Parliamentary term |
| What are the advantages of the Public/Media? | -Raising issues of public concern with decision makers -Can support pressure groups -Raising public awareness of issues |
| What are the disadvantages of the Public/Media? | -Tends to lead to 'knee-jerk' legislation -May not be objective |
| What are the advantages of Pressure Groups? | -Raise public awareness -Can influence political parties -Keeps Parliament aware of issues of public concern |
| What are the disadvantages of Pressure Groups? | -Illegal tactics can be used -Unlikely to be unsuccessful if they do not have media support |
| What are the advantages of the Law Commission? | -Legal expertise -Well informed and researched -Independent/ non-political |
| What are the disadvantages of the Law Commission? | -Lengthy investigations -Number of investigations taken on limited resources -Parliament doesn't implement all proposals |
| What is the consultation stage? | Green and white paper |
| Give an example of a private members bill | Household Waste Recycling Act 2003 |
| Explain ballot | each parliamentary session, 20 private members selected, take turn in presenting bill to parliament. Time of debate limited, usually debated on Fridays, so first6/7 have realistic chance of introducing bill on their chosen topic |
| Explain 10 min rule | any MP can make speech up to 10 min supporting into of new legislation. Rarely successful unless no opposition |
| hat does the Public Bill involve | Public policy |
| Who introduces a hybrid bill? | the gov |
| Who is affected by the hybrid biill | particular person, organisation/place |
| What are the advantages of law making | -Democratic -Allows full reform of law -Consultation before bill us presented to Parliament -Thorough process- stages, checking process -Parliament supreme law maker; they can't be challenged |
| What are the disadvantges of law making | -Long process - V few private members bill become law -Acts can be long and complex -Wording of act may be hard to understand to understand and lead to court case on interpretation of meaning |
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