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39 Cards in this Set

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Green Paper

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

White Paper

Following this the government will publish a white paper with its firm proposals for new law

1.First Reading

The long title (indicating the content of the bill) is read out by the member of the Lords in charge of the bill

Legislative Process

2.Second Reading

The first opportunity for members of the Lords to debate the key principles and main purpose of a bill and to flag up any concerns or specific areas where they think amendments (changes) are needed.

Legislative Process

3.Committee Stage

Detailed line by line examination of the separate parts (clauses and schedules) of a bill

Legislative Process

4.Report Stage

Report stage gives all members of the Lords a further opportunity to examine and make amendments (changes) to a bill

Legislative Process

5.Third Reading

'tidy up' a bill, concentrating on making sure the eventual law is effective and workable without loopholes.

Legislative Process

6.Amendments

When a bill has passed through third reading in both Houses it is returned to the first House (where it started) for any amendments made by the second House to be considered. If changes are made when the bill is passed on to the Commons it is then looped around back to the House of Lords and the process is repeated called "Ping Pong"

Legislative Process

7.Royal Asset

Once a bill has completed all the parliamentary stages in both Houses, it is ready to receive royal assent. This is when the Queen formally agrees to make the bill into an Act of Parliament (law)

Legislative Process

Advantages

Democratic elected every 4-5 years. MPs put forward their own views. 65p people debating and voting so it's a fair decision. Open and transparent system. Delegate Parliament authority to other bodies. Reform whole area of law in one Act. Specialists and diverse expertise. Flexible

Legislative Process

Disadvantages

Time consuming. impossible for ordinary MP to get a bill passed without the Government support. 10 hours per bill rushed causing loop holes. Complicated. Ping Pong may never end. Lords can't throw out a bill if started in Commons. Lords are not elected. Don't care about Public views

Legislative Process

Law Society

Represents solicitors interests the British Medical Association which represents doctors and trade Unions

Pressure Groups

Cause Groups

Promote a common interest. Examples. Green peace - Environmental. Amnesty for animal welfare and human rights and ASH the anti-smoking groups.

Pressure Groups

Pressure Groups

Cause the government to reconsider the law on certain areas. Seen in 2000 government finally agreed to reduce the age of consent for homosexual acts in Private to 16 and also the Hunting Act 2004

Pressure Groups

Lobbying

Try to persuade individual MPs to support their cause Meet in the lobby (small hallways). Also possible that a back bench MP may use the Private Members Bill. Trying to reform the law in the way that the pressure groups want.

Pressure Groups

Law Commission

An independent body to review the law and propose reform. MRS CRECS. Modernise. Review. Systematic. Consolidate. Repeal. Eliminate. Codification. Simplify.

Influences on Parliament

Codification

Puts forward proposals to codify law. To bring together all the law on one topic into one Act. Makes it simpler.

Law Commission

Advantages

Law researched by legal experts. Consults before finalising proposals. Whole area of law can be considered, not just small issues

Law Commission

Disadvantages

Parliament slow to implecate some reforms. Only limited time is available in Parliament for 'pure' law reform

Law Commission

Political

Each political party will have its own policies. When a party is elected as the government, these policies will be a major influence on the laws they introduce into parliament.

Influences on Parliament

Advantages

Each Political party has its proposals for reform ready if it is elected. A government majority in the House of Commons means that virtually every law it proposes will be passed.

Political

Disadvantages

New governments may repeal or alter laws passed by previous Governments

Political

EU

Britain joined the EU in 1973. Since then EU laws have been given effect here

Influences on Parliament

Advantages

Creates uniformity in Laws in all EU countries

EU

Disadvantages

Not always popular with the public

EU

Advantages

Raise important issues. Wide range of issues is drawn to the attention of the government

Pressure Groups

Disadvantages

Trying to impose their ideas on the majority. Pressure groups may have conflicting interests

Pressure Groups

Media

Strong public opinion can lead to a change in the law. The media play an important role in highlighting issues of public concerns

Influences on Parliament

Advantages

Brings public opinion to the government's attention

Media

Disadvantages

Media manipulating the news and creating public opinion. Responding too quickly to high-profile incidents may lead to poorly drafted law

Media

Supremacy

Basically, can't be overruled unless an EU Law overlaps.


Limitations due to EU membership, Human Rights Act 1998 and devolution.


Cannot bind successor


Can legislate on any subject-matter


Dicey


1. Parliament can legislate on any subject-matter


2. No Parliament can be bound by any previous Parliament, nor can a Parliament pass any act that will bind a later Parliament


3. No other body has the right to override or set aside an Act of Parliament

Types of Bills

When the proposed Act has been drafted it is published, and at this stage it's called a bill

Types of Bill

Private Members Bill

An individual/(Private) member of Parliament introduces a bill. Also known as 'back benchers' two ways


1. Ballot


2. 'ten minute rule'

Types of Bill

Public Bills

Affect whole country. Bills are known as Public Bills. Example Constitutional Reform Act 2005, the Legal Services Act 2007

Types of Bill

Private Bills

Small number of Bills designed to pass a law which only affect individual people or corporations. Don't affect the whole community Example. Whitehaven Harbour Bill

Types of Bill

Hybrid Bills

Cross between public and private Bills. introduced by government. If become law they will only affect a particular person, organisation or place. Example Crosshill Act 2008, Allows for the construction of underground rail links in London and will affect people in the area

Types of Bill

Disadvantages

Effect of membership of the EU


Affects so much of our law and political system


EU Law take priority over English law E. g. Merchant Shipping Act 1988 - Who could own or manage fishing boats


Effect of Human Rights Act 1988


Have to be compatible with EU Law


DEVOLUTION


Can make laws on some matters for their own countries without having to get Parliaments approval. This means that Parliaments Supremacy has been lost in there areas like The Scotland Act 1998 and the Wales Act 1998


Supremacy

Role of Commons

Democratically elected


Most bills introduced here


To debate on issues of the policy behind the law as well as on the specific details


Government have majority


Likely that policies supported by the government will become law

Roles

Role of Lords

acts as a check on the Commons


Can vote against law


However, power is limited by the Parliament Acts 1911


Can delay a law for up to a year


Not elected body


To refine and add to the law rather than oppose


Only four occasions when this procedure has been used to by pass the Lords after they voted against


War Crimes Act 1991


European Parliamentary Elections Act 1999


Sexual Offenders (Amendments) Act 2000


Hunting Act 2004

Roles