Parliamentary Law Making

includes-

influences,bills,parliamentary supremacy,hoc,hl and crown ct.,advantages and diasdvantages of plm

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  • Created by: amila
  • Created on: 19-05-09 21:30

External Influences on Parliamentary Law Making

They are-

1.Public opinion-through letters to mps or actual visit to mp

2.Media-through letters to mps or actual visit to mp

3.government

4.law commission

5.royal commitee and enquiries-set up for specific purpose and their reports can influence parl. to legislate

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Law Commission

  • Is an independent body created by the Law Commissions Act 1965. this act gives its powers and duties
  • Aims-to be cost effective modern and fair and to carry out research so that recommendations are good to consider

Responsibilities-

1.codification of law-law is categorised e.g tort

2.consolidation of law-brings together all acts under one area,remains same but found under 1 place eg.Education Act 1996

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Law Commission cont.

Advantages-

  • non legal expertise
  • independent body

Diasadvantages-

  • recommendations not implemented
  • looks at many issues at once may not be checked thoroughly.
  • lack of power
  • investigation of current is lengthly
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Pressure Groups

Group of people who campaign for reform of law

1.sectional-exist to further the interests of a particular body of people-British Medical Association and Trade Union Congress

2.cause-to further a particular ideal-jamie oliver school dinners campaign-EDUCATION REGULATIONS 2006, RSPCA animals welfare act 2006.

Advants-raise awareness and large membership

diasadvants-bias,is what they do criminal behaviour?

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Internal influences on p.l.m

1.Manifesto Pledge-speech of the political party when they say what they will do if they get elected

2.Private members bill-when mps put forward their views even though there is little chance of succeeding. eg.Abortion Act 1967

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Bills

Public Bill-introduced by government,affects everyone in country.

Private Bill-introduced by large company which doesn't affect everyone

2 types of public bills:-

1.Govt. bills-affect general public e.g Children Act 2004

2.Private Members bill-introduced by mps eg abortion act 1967

What is a Hybrid Bill?-----a cross between public and private bill by govt eg Rail Link Act 1996

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Role if House if Commons,House of Lords and Crown

House of Common-

  • most new laws introduced
  • debate governmet policy-held to account
  • scrutinise and amend proposed legislation
  • debate matters of current concern
  • represent the views of electorate

House of Lords-

  • most new laws introduced
  • scrutinise and amend proposed bills including govt. proposals
  • scrutinise proposed EU legislation
  • question govt. and debate legislative proposals
  • debate policy issues and matters of current concern
  • delay legislation-allow further time to research and consult

Crown Court-open parliamentary sessions-annouunce govt. legislative process, give royal assent to all legislation

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Procedure of bill becoming an act

1st reading-introduction to house of commons on subject matter

2nd reading-debate on general principles,votes take place on whether it should proceed further

Commitee stage-detailed examination of bill

Report stage-committee report back to house on its discussion

3rd reading-last chance to debate on bill, votes take place on whether it should be passed on to house of lords

Royal assent-queen approves bill and it becomes and act.

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Parliamentary supremacy

Doctrine of Parliamentary supremacy-parl. are the superior form of law and that no one can change the law apart form parl. itself. This was established by Bill of Rights Act 1689.

Dicey's Theory-

1.parliament can make/unmake any law

2.parliament can;t be bound by previous parliament nor can the present

3.no other body can override and act of parliament

When and why it changed-1st jan 1973. UK joint EU law anf in there the act (European communities act) (ECA) 1972 stated all eu law should govern UK. In an event of conflict between UK and EU law,EU law should prevail.

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Limitaions of Parl. Supremacy

1.Devolution-Westminster parl. has given power to scottish parliament and welsh assembly to make laws for their own countries without referring to westminster.

2.existing future UK legislation should comply with EU. Effect of European communities acts is that UK legislation is subordinate to EU law.

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Advatages of p.l.m

1.Scrutiny-bill has 3 stages and 2 readings which are thoroughly checked. These provide opportunity for debates to take place and ammendments to be made on poor drafting and mistakes.

2.House of Lords-acts a checking mechanism to stop bills being only a govt. political tool but is of benefit to whole nation

3.Democratic-mps are elected to make laws so members of HOL can't veto a bill which has been approved by HOC.

4.Flexibility-Different types of bills can be introduced to both houses, gives oppurtunity to both mps and lords to propose new laws not just government.

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Disadvantages of p.l.m

1.Language-language used too complex, supposed to be easy to understand and read for public and lay people so inaccessible to average people

2.slow-can take upto several months as its got many stages, diasdvantage as some important laws need to be made asap.

3.Undemocratic-neither hol and queen elected so should not have power to delay bills. Also in HOC, mps are persuaded to vote with their party instead of own wishes

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