Advantages and Disadvantages of Parliamentary Law Making

?
  • Created by: GeorgeB16
  • Created on: 24-01-16 20:36

Advantages and Disadvantages of Parliamentary Law Making

Advantages

  • Made by our elected parliamentary representatives making the system very democratic. General election every 5 years so can be voted out if not performing as promised.
  • Statutes can reform whole areas of law in one act such as merging criminal law with the Fraud Act 2006. This abolished old offences of deception and fraud and created a new, simpler structure of offences. Judges can change only very small areas of law linked to the case they are dealing with.
  • Statutes set broad policies and give power to others to make delegated legislation. The general structure is laid down by Parliament can law can be made in greater detail rather than just being contained in a single statute.
  • Before Bills are presented, consultations are made about proposed changes so government can take objections into consideration. Bills also go through stringent, lengthy process in Parliament so all clauses and amendments are thoroughly discussed.
  • Law by Parliament is certain as cannot be challenged under doctrine of parliamentary supremacy.

Disadvantages

  • Some law often complex so not enough time to deal with it in depth such as criminal law and law of contract.
  • Proposals for reform made but often never done. Assaults and Other Offences Against The Person - the Law Commission proposed changes in 1993 as the old law dated back to 1861 and was confusing. Draft Bill published in 1998 but not put before Parliament and still not reformed.
  • The process of a Bill becoming a Statute can take months.
  • The Government is in control of the parliamentary timetable and allows little time for private members' bills.
  • Acts are often long and complex making them difficult to understand. Many appeals in HOL are about what the words actually mean.
  • Law becomes complicated when one Act amends another so 2 or more Acts need to be consulted to find out what the law actually is.

Evaluation

This is not an evaluation this is just a brief summary of how to answer an advantages an disadvantages question.No evaluation is needed and no opinion is needed, just briefly lay out the advantages in one long paragraph, and then the disadvantages in another. Aim for 5 brief advantages and 5 brief disadvantages if you can manage, or go for 3 detailed points from both sides. Writing down everything included in this table should be enough for the 10 marks!

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Parliamentary law making resources »