Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
35 Cards in this Set
- Front
- Back
|
Pressure groups |
PG are bodies of people with a shared interest in getting the government to change the laws in certain areas. |
|
|
Sectional or Interest groups |
They exist to further the ends of their own particular section of society. Examples are trade unions, groups such as National Farmers Union, and professional associations like British Medical Association, which represents doctors. |
|
|
Cause groups |
Are those that promote a particular idea or belief. Examples include environmental groups likes Greenpeace and Friends of the Earth and groups like Amnesty International, which campaigns on human rights |
|
|
Another distinction is between |
-Insider groups that have direct with govt ministers and Parl (as many of the sect groups do) -Outside groups like F4J who have to resort to direct action to promote their cause. |
|
|
Pressure groups 2 |
-Sometimes a pressure group is set up as a result of tragic event -The snowdrop campaign, organised after the Dunblane massacre in 1996, resulted in Parliament banning the private ownership of most types of handguns |
|
|
PG 3 |
-The degree of influence exercised bu such group vaires -Professional associations representing groups such as lawyers and doctors, made up of well educated, articulate and often wealthy individuals, are influential. -The ban on smoking in public places in July 2007 was partly the result of lobbying by the BMA |
|
|
Pro's of Pressure groups |
-PG give the public and particularly minorities a voice. They act as a safety valve for frustration, as in pro hunting and anti Iraq War protests -They help MP's keep in touch with what people think. For example pressure from environmental groups may have persuaded the govt to change car tax regulations to favour smaller, more fuel efficient cars -PG raise public awareness of issues. For Example F4J has been successful through a variety of stunts in raising of the plights of fathers denied access to their children after a divorce. -Members of PG often have considerable expertise and can therefore suggest detailed and well thought out law changes. Many groups have draft bills ready for backbench to MP's to introduce |
|
|
Cons of PG |
-Some large pressure groups that represent powerful organisations are extremely influential and it is difficult for smaller PG to match their influence -Environmental group claim that the strength of the road lobby and airline industry means that new roads or airport extensions are difficult to fight -The methods of some pressure groups can be a problem, for example and protests such as the blockading of oil depots can cause disruption. The direct actions tactics of F4J have been criticized. Member of the Countryside Alliance broke into the HOC as part of its campaign in favour of fox hunting -PG may only represent a minority view when they are successful in changing the law, as was arguably the case when the death penalty was abolished in 1966. |
|
|
The Law Commission |
-Established by the LC act 1965. -FT body with 5 commissioners. The chair person HC judge and other 4 are from the legal professions and academic lawyers. All members of staff are legally trained. -Commissions work involves looking at reform of the law, codification and consolidation. -Commission may have topics referred to it by govt departments, or may select a topic of its own, which will be considered after govt approval has been gained |
|
|
The LC 2 |
-When proposing reform of an area, the commission produces an inital consultative paper and then a final report, setting out recommendations and sometimes a draft bill -Legislation that has resulted from this process inc the Law Reform (Year and a Day rule) act 1996 and the contract (Rights of 3rd parties) act 1999 |
|
|
The LC 3 |
-The commission also recommends the repeal of obsolete statutes. -In 2012 it recommended the repeal of nearly 800 old laws -Another aim is to codify which is Means bringing together of all the acts on a large topic area into one Act. Eg Land Registration act 2002 and Fraud act 2006 |
|
|
The LC 4 |
-Consolidation involves drawing together all the provisions set out in a number of statutes, so that they are all in one act. -About 5 consolidations bills are produced each year -The powers of the criminal courts (sentencing) act 2000 was changed by the criminal justice and courts act 2000, where community sentences were renamed and new powers of sentencing created |
|
|
Pros of LC |
-It is a permanent full time body and can investigate any area of law it believes needs to be in reform -It produces draft bills ready for parl to introduce, which reduces the workload for ministers -It has been responsible for many sensible changes to the law, for example the unfair contract terms act 1977, the fraud act 2006 and abolition of the 'year and a day' rule -It can undertake extensive research and engage in wide consultation so its recommendation for law reform are well informed and this help to avoid problems in the application of the law |
|
|
Cons of LC |
-Parl has often ignored the commission proposals -Up until 1999, only 2/3's of its proposals had been implemented. Often this is because govts cannot find time in the legislative programme for non urgent law reform -The LC investigates as many as 20-30 areas at the same time. This may mean that each investigation is not as thorough as one carried out by a Royal Commission or a Commission of Inquiry |
|
|
How statutes are created |
-All acts of Parl begin as bills. Before a bill is drawn up the govt department involved in the proposed changes to he law may issue a consultative document as a green paper, setting out ideas for legislation and allowing interested parties to comment on them. -Any necessary changes can then be made and the final proposals set out in a white paper. -For examples, the court and legal services act 1990 was preceded by 3 green papers published in Jan 1989 and a white paper (legal services; a framework for the future) published in july 1989, which set out the then govt's proposals in relation to legal services generally |
|
|
Private Members bill |
-Are introduced by backbench MP's, whose name have been selected by ballot (20 each year) -To succeed, a PMB needs to have the tacit support of the govt of the day -A good example is the Abortion Act 1967 which resulted from David Steels PMB and with which the Labour govt sympathised. -Other examples of PMB; Abolition of death penalty act 1965 |
|
|
Private Bills |
-Usually put forward by a local authority, public corps or a large public company and only affect the bodies concerned -EG; Medway Council Act 2004, which gave Medway Council more power to control street trading in the borough |
|
|
Process of a Bill through Parl |
- A bill cannot become an act of parl until it has been passed by both houses of parl. The procedures consists of a number of stages and may commence in either the HOC or the HOL, however finance bills must start in the HOC |
|
|
First Reading |
-Takes place when the title of the bill is read out to the house |
|
|
Second reading |
-Crucial stage, in which the house holds full debate on the main principles of the bill. At the end of the debate, a vote is taken as to whether the bill should proceed further |
|
|
Committee Stage |
-If the vote is in favour, the bill passes to the CS. --This involves a detailed examination of each clause of the bill by a committee between 16-50 MP's |
|
|
Report Stage |
-The RS is when the committee reports back to the House on any amendments that been made -These are debated and voted on |
|
|
Third Reading |
-At the third reading the bill is presented again to the house and the final vote is taken |
|
|
1 |
-If the bill was introduced in the HOC, it then passes to the HOL (or vice versa), where the same procedure is repeated -If the HOL makes amendments ta bill that already has been passed through the HOC, the bill is referred back to the C to consider amendments |
|
|
2 |
-Once a bill has passed successfully through all the stages in both houses, it has to receive formal consent of the monarch in order to become law. This is known as Royal Assent -Some acts of parl come into force when Royal Assent is given, but most start on a specific date, which may be started in the act |
|
|
Role of the HOC |
-Because HOC is an elected body, it has the most important role in the law making process, all important legislation begins in the HOC and all finance bills must start here -By using Parl Acts, the commons can defeat any attempt by the Lords to oppose a measure that the Commons has passed. -In practice, this power is rarely used and the commons often has to compromise in order to get legislation through -Because the lords can delay a bill for a year, it has considerably more influence over the commons during the last year of a parls life |
|
|
Role of the HOL |
-Bills can start in the HOL, though most start in C -Usually legislation that starts in the L is not politically controversial or has a legal subject matter, for example the access to Justice Act 1999 -However HOL is primarily a revising and debating chamber and it allows further detailed scrutiny of bills that have already passed through the HOC
|
|
|
2 |
-At times, the HOL has made the govt rethink its proposals -EG; In March 2005 it forced govt to amend its plans in the terrorism bill for control orders to deal with terrorists suspects -This power to force the Lords to pass a bill has only been used 5 times, for example to push through the War Crimes Act 1991 and the Hunting Act 2004 |
|
|
Role of the Crown |
-The crown plays a purely formal role and any attempt by a monarch to thwart the will of of the Commons and Lords would not be tolerated. -Since Queen Anne refused to pass the Scotch Militia bill 1707, no monarch has refused to assent to a bill. |
|
|
Pro's of Parl Process |
-The process is democratic because the HOC is elected, MP's are answerable to the voters and there must be an election every 5 yrs. The common if necessary, force its will on the Lords by using the Parl acts -Parl take note of public opinions. The vote in Feb 06 for a complete ban on smoking in public could be seen as parl responding to public opinion |
|
|
2 |
-The HOL is a useful check. There are many lords who have specialist expertise, for example lawyers, doctors and scientist, or who have been successful in running companies or charities. These people bring practical knowledge and experience to their examination of bills -The legislative process is thorough, with detailed committee examinations of bills in both house as well as general debates -Bills can be passed quickly like the Crim Justice act 1998 went through all its stages in 2 days and NI act 1972 was passed in 24 hrs |
|
|
Cons |
-There is not enough time to pass all the legislation that is necessary and reform bills e.g (to modernise the law on non fatal offences) are often left out of the govt legislative programme -There is inadequate scrutiny of legislation. The govt controls the parl timetable and through process such as the guillotine it can restrict discussion of a bill. Because the govt has a majority on all the the standing committees, it is able to defeat any amendments put forward in committee |
|
|
2 |
-Some bills are passed to quickly, usually in response to a real or imagined emergency. The Dangerous dogs act 1991 was described in one case as 'an ill thought out piece of legislation' passed with too much haste -HoL is not elected can delay legislation, no other country has an elected 2nd chamber -The HOC is not truly independent body. In most cases, it does what govt tells it to do, because a majority of MP's are members of the governing party and pressured by the whips into supporting govt bills
|
|
|
Doctrine of Parl supremacy |
-Parl Supremacy is the idea proposed by Dicey in 1885, that as a democratically elected body, Parl is the supreme law making body in the country -This means that acts of parl passed using the proper procedures cannot be challenged. They must be applied by the courts and override any judicial precedent, delegated legislation or previous acts of parliament that covers that area of law. Parl also has the power to rescind any law it has passed -No Parl can bind its successors |
|
|
Limitations on Sovereignty |
-Membership of the EU takes priority over conflicting laws in member states. The EU communities act act 1972 incorporates the principle into UK law. -Even if Parl passes an act that conflicts with EU law, EU law must prevail, as shown in the Factortame case in 1990. For areas of law not covered by the EU, Parl is supreme |
