Parliamentary Law Making

Front 1

What is the law commission?

Back 1

An independent, permanent and full time law reform body

Front 2

The law commission was set up by which act?

Back 2

The Law Commission Act 1965

Front 3

What is the composition of the law commission?

Back 3

There are five law commissioners, one of whom is the chairman. The chairman is responsible for promoting the work of the law commission and ace as the public face and voice. The chairman is a High Court judge and the other four are experienced practising or academic lawyers. Each law commissioner is supported by a team, made up of barristers, solicitors, researchers etc.

Front 4

Under ____ of the _______ the role of the law commission is:

Back 4

S3(1), 1965 Act, "keep under review all the law."

Front 5

What is codification?

Back 5

The bringing together of all the law on a particular topic into one AoP

Front 6

What is codification?

Back 6

The bringing together of all the law on a particular topic into one AoP

Front 7

What is consolidation?

Back 7

Bringing all the statutory provisions relating to a particular area into one AoP

Front 8

What is codification?

Back 8

The bringing together of all the law on a particular topic into one AoP

Front 9

What is consolidation?

Back 9

Bringing all the statutory provisions relating to a particular area into one AoP

Front 10

Example of consolidation:

Back 10

The Education Act 1996

Front 11

What is the purpose of codification and consolidation?

Back 11

It makes the law more accessible and understandable

Front 12

Repeal of obsolete law is:

Back 12

the removal of laws that have no further use

Front 13

Why is repeal needed?

Back 13

To save time, as old, irrelevant acts delay the research of law

Front 14

An example of suggestions made by the Law Commission?

Back 14

Computer Misuse Act 1990

Front 15

What matters do the Law Commission investigate?

Back 15

Those referred by Government departments, those it chooses to investigate, and those it is pressured into investigating by other sources

Front 16

What is the Law Commission investigation process?

Back 16

Research into the issue is conducted. A working paper is produced, which sets out the current law, its problems and suggestions for reforms. Consultation follows, where anyone interested comments, leading to a report, including a draft Bill.

Front 17

Give an example of an Act passed to implement a Law Commission recommendation

Back 17

The Law Reform (Year and a Day Rule) Act 1996

Front 18

Advantages of the Law Commission:

Back 18

They possess considerable legal non-political expertise, and lots of research is conducted, meaning its recommendations are well informed.

They are independent body, meaning all law is kept under review without political agenda.

Front 19

Disadvantages of the Law Commission:

Back 19

Many recommendations (about a third) aren't implemented, as the Government isn't obliged to act on any suggestions, nor consult the Law Commission on any proposed law.

Investigations are often lengthy.

20 to 30 investigations are conducted at one time, meaning they may not be as thorough as desired.

Front 20

What are pressure groups?

Back 20

individuals or groups, ranging from a single person to hundreds of thousands of people, who use a variety of methods to influence parliament

Front 21

What methods are used by pressure groups?

Back 21

Lobbying, marches, petitions, publicity campaigns

Front 22

What are the two types of pressure groups?

Back 22

Sectional and cause

Front 23

What are sectional pressure groups?

Back 23

A group of people attempting to further the interests of a section of society

Front 24

Examples of sectional pressure groups:

Back 24

National Farmers Union, Law Society

Front 25

Why do the Government need sectional groups' support?

Back 25

As their membership is so large, upsetting them would lead to loss of votes. Because of the wealth and influence possessed by these groups, it is rare for the Government to introduce a law affecting their interests without consulting them.

Front 26

What are cause groups?

Back 26

A group promoting a particular belief or ideal

Front 27

Examples of cause groups:

Back 27

RSPCA, Fathers 4 Justice

Front 28

Despite having less influence and contact with the Government, cause groups can still make a difference. How?

Back 28

By publicising their views, for example, using the media

Front 29

What Bill did the RSPCA promote?

Back 29

Animal Welfare Bill

Front 30

Name an individual who campaigned and the Bill subsequently created:

Back 30

Mary Whitehouse, who was able to pressure the Government into creating the Protection of Children Act

Front 31

What are insider pressure groups? Give an example.

Back 31

Pressure groups that are respected and consulted by the Government. The NFU.

Front 32

What are outsider pressure groups? Give an example.

Back 32

Pressure groups who are not consulted by the Government. The Countryside Alliance.

Front 33

Advantages of pressure groups:

Back 33

They raise public awareness

They raise Government awareness

They possess considerable expertise

Front 34

Disadvantages of pressure groups:

Back 34

They are biased

They may use undesirable tactics

They - outside groups, at least - have little say

They are a small minority

Front 35

What is the connection between the media and the public opinion?

Back 35

They influence each other

Front 36

The media sometimes campaign to reform a law. Give an example.

Back 36

The Name and Shame Campaign

Front 37

Law reform is sometimes prompted by pressure from more than one influence. Give an example.

Back 37

Criminal Justice Act

Front 38

Advantages of the media:

Back 38

They raise public awareness

They raise public awareness

Front 39

Disadvantages of the media:

Back 39

They are not politically neutral

They are in it for profit

They can whip the public into a frenzy, for example, in the Dangerous Dogs Act

Front 40

What are Acts of Parliament also known as?

Back 40

Statutes or legislation

Front 41

What is the composition of the HoC?

Back 41

The HoC contains approximately 650 MPs. Each MP represents a constituency and has been elected by their constituents. The party with the most elected members becomes the Government

Front 42

What is the role of the HoC?

Back 42

To make policy and decide how to run the country. They debate, scrutinise and vote on whether to approve proposed laws. They represent the views of the constituents. They hold the Government to account.

Front 43

What is the composition of the HoL?

Back 43

The HoL has 700 members, known as Peers. There are three types of Peers: Hereditary, Life, Law Lords, along with 26 bishops

Front 44

What is the role of the HoL?

Back 44

They scrutinise and amend proposed legislation from the HoC. They scrutinise proposed EU legislation. They debate policy issues and matters of current concern. They can introduce laws.

Front 45

What is the role of the Crown?

Back 45

They open each parliamentary session. They give Royal Assent.

Front 46

What types of Bills are there?

Back 46

Public, Private and Hybrid

Front 47

What are Public Bills?

Back 47

Bills affecting the general public. Some apply to the whole of the UK, some apply only to England and Wales.

Front 48

What are the two types of Public Bills?

Back 48

Government Bills and Private Members' Bills

Front 49

What are Government Bills?

Back 49

The main type of Bill introduced, about a quarter are routine. Introduced by Ministers, to honour manifestos, in response to specific incidences, in order to comply with international treaties, and following recommendations from the Law Commission.

Front 50

What is a green paper?

Back 50

A consultation document, setting out the Government's outline policy proposals and inviting comments from interested parties.

Front 51

What is a white paper?

Back 51

Following a green paper, it is produced with more detail, and will sometimes invite comments

Front 52

What is a Private Members' Bill? Give an example.

Back 52

Bills introduced by backbench MPs, and sometimes by Peers. Few ever become law because there isn't much allocated time for them.

The Abortion Act (backbench MP) and the Assisted Dying Bill (Peers)

Front 53

What are Private Bills? Give an example.

Back 53

Bills affecting individuals, organisation or specific areas, introduced through petitions.

The Marriage Enabling Act

Front 54

What are Hybrid Bills? Give an example.

Back 54

A cross between Public and Private Bills. Introduced by a Government Minister, affecting particular individuals, organisations or localities.

The Rail Link Act

Front 55

What is the process through which a Bill becomes an AoP?

Back 55

The Bill must pass through three readings and two stages in each House and then receive Royal Assent

Front 56

What happens in the first reading?

Back 56

The title and main aims are read out and a verbal vote is taken to decide whether it should progress

Front 57

What happens at the second reading?

Back 57

The House debates the whole Bill, focusing on its general principle. The debate is begun by the promoter or a Minister. Another vote is taken to decide whether the Bill should progress. If it does progress, it is likely to become an AoP.

Front 58

What happens at the committee stage?

Back 58

The Bill is then passed to the standing committee, made up of 16 to 50 MPs who have specialist knowledge in the subject. The committee scrutinise the Bill clause by clause and make amendments, all of which are voted upon.

In the HoL, there isn't a standing committee, the whole House participates

Front 59

What happens at the report stage?

Back 59

The committee then report their amendments back to the whole House. Each amendment is debated and a vote is taken to see whether it should be accepted or rejected. Further amendments may be made

Front 60

What happens at the third reading?

Back 60

A review of the whole Bill occurs and a vote is taken to decide whether the Bill should proceed to the second House. This stage is more of a formality. If the Bill is approved, it will then go to the second House, where it goes through the same process again.

Front 61

What Act limits the HoL's power?

Back 61

The Parliaments Act 1911 and 1949, which means they can only delay Bills for a year (or a month for money Bills). After that time, they may be passed, provided they are approved by the HoC again.

Front 62

Name an Act that has been passed this way:

Back 62

The Hunting Act 2004

Front 63

What is Royal Assent?

Back 63

Once a Bill has passed through both Houses, it needs to receive Royal Assent from the monarch. It is given by the speaker of the HoC on behalf of the queen. This is a formality.

Front 64

What are the advantages of parliamentary law making?

Back 64

Scrutiny, Democratic, Government control, HoL as a checking mechanism, Flexibility

Front 65

Disadvantages of parliamentary law making?

Back 65

Undemocratic, Government control, Slow, Dated

Front 66

What is parliamentary sovereignty, when was it established and by which Act?

Back 66

The idea that the legislative body has absolute control

17th century

The Bill of Rights

Front 67

A.V. Dicey defines parliamentary sovereignty in three points. These are:

Back 67

1. Parliament's power is unlimited and can make law on any topic

2. The validity of parliamentary law cannot be questioned by anyone

2. No parliament can limit the law making power of future parliament.

Front 68

When did the UK join the EU?

Back 68

1 January 1973

Front 69

The effect of s2(1) of the European Communities Act (ECA) is that:

Back 69

all the provisions of EU law are given the force of law in the UK

Front 70

s2(4) of the ECA has the effect of:

Back 70

making UK AoP subject to directly applicable EU law

Front 71

The supremacy of European law over UK legislation was clarified in the case of:

Back 71

Costa v Enel

Front 72

Costa v Enel clarified:

Back 72

the requirement for pre-existing and future legislation to comply with EU law.

Front 73

The case of Ex parte Factortame showed that:

Back 73

domestic courts must suspend domestic legislation while waiting for a ruling from the ECJ

Front 74

Thusly, EU membership contradicts parliamentary sovereignty because:

Back 74

we have to obey their laws above our own.

Front 75

What is devolution?

Back 75

Where Westminster devolved certain powers to the Scottish Parliament and Welsh Assembly, allowing them to make laws for their own countries. Certain powers, eg defense, is still retained.

Front 76

Devolution contradicts parliamentary sovereignty because:

Back 76

We do not have power over the whole of the UK.