Law Unit 1

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  • Created by: Jess
  • Created on: 12-05-13 20:43
What is Parliament?
The supreme law making body made up of the House Of Commons, House Of Lords and the Queen
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What is the role of the Government?
Responsible for the day to day running of the country.
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What is the role of the law commission?
Law reform body responsible for keeping under review of the law, this insludes codification, consolidation and repealing obsolete law.
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Advantages of the Law Commission?
Ensures all law is kept under review. The law commission possesses considerable legal non - political expertise.
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Disadvantages of the Law Commission?
Investigation is lengthy and a third of its recomendations are not implemented
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What are the different types of pressure groups?
Sectional pressure groups which exist to further the interests of a section of society such as the national farmers union. Cause pressure groups exist to promote particular ideas and beliefs such as Greenpeace and the RSPCA.
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What is a pressure group?
Groups of individuals who influence Parliament to legislate on an issue.
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Advantages of Pressure Groups?
Able to raise public awareness of matters, they possess considerable expertise and knowledge of their interest in order to put point across convincingly.
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Disadvantages of Pressure Groups?
Biased in favour of their particular interest and opinions are often only of a small minority making it harder to be influential.
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How does the Media influence Law making?
By representing and influencing public opinion and campaigning to reform law.
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What is the role of the House Of Commons?
To ensure legislative process is democratic, the elected government make policy and decide how to run the country. The house of common scrutinize debate and vote on whether to approve laws proposed by the Government.
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What is the role of the House Of Lords?
To compliment the work of the commons and scrutinise proposed legislation. Laws can be introduced in this house & Lords pose questions to the government and debate policy issues. There are 700 members who are unelected and unpaid.
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What is the role of the Crown?
To open each parliamentary session, to give Royal Assent to all legislation and to appoint and dismiss the Prime Minister.
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What are the two types of Public Bills?
Government Bills and Private Members Bills.
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What are Government Bills?
Bills introduced by a minister. May be introduced to honor promises made during election campaigns.
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What are Private Members Bills?
Bills introduced by backbench MP's who arent part of the government. Examples of acts introduced in this way are the murder act 1965.
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What are private bills?
Bills that affect individuals, organisations or specific areas. Introduced into Parliament through a petition.
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What are Hybrid Bills?
Bills that are a cross between a public & private bill. Introduced by Government Ministers and if enacted will effect individuals and organisations.
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Examples of hybrid bills?
Channel Tunnel Rail Link Act 1996.
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What happens to a bill in order for it to become an act of Parliament?
It must pass through both House of Commons and House of Lords. Can start in either House but money bills must start in HOC.
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Stages of a Bill in the process of Law Making?
First reading, Second Reading, Committee Stage, Report Stage, Third Reading
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What happens in First Reading?
Title and main aims of the bill are announced. Verbal note is taken to decide whether it should progress to the next stage.
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What happens in Second Reading?
The House debates the whole bill. Minister begins the debate and there is a vote for or against the bill progressing further.
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What Happens During the Committee Stage?
The bill is passed to a standing committee of MP's. Bill is scrutinized and amendments are voted on.
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What happens During Report Stage?
Amendments made to the bill are reported to the whole house. Vote is taken on whether amendment should be accepted but if no amendments were made this stage is unnecessary
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What is Royal Assent?
Bills require Royal Assent in order to become law, given by speaker in the House of Commons and Lord Speaker of House of Lords.
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What are some advantages of Parliamentary Law Making?
Legislative process is thorough, it is partly democratic, the House of Lords acts as a good checking mechanism and bills are flexible as they can be introduced in either house.
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What are some disadvantages of Parliamentary Law Making?
it is partly undemocratic, process is slow and some bills include words of phrases that are ambiguous or unclear.
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What happens if Lords propose amendments to a bill that has completed the process in the house of Commons?
it is returned to the House of Commons for a stage called Lord amendments considered.
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What happens during the Lord Amendments stage?
If Lords do not approve a bill that has been approved by the House of Commons than the lords can delay the passage of money bills for a month and any other bills for a year, under Parliament acts 1911 and 1949.
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When was Parliamentary Supremacy established?
It was established in the 1689 Bill of Rights. It deemed Parliament to be a supreme Law maker.
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Where was the meaning of Parliamentary Sovereignty expressed?
By A.V Dicey in his book titled 'the study of law constitution'
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What are Dicey's 3 principles?
Parliaments power is unlimited & it can make law on any topic, Validity of law cannot be questioned by anyone including the courts and monarch and No Parliament can bind a future successor.
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What is the European Communities Act 1972?
The act of parliament that incorporates Eu law into Uk law.
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What is the treaty of rome?
The founding treaty of the EU.
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what is detailed in section 2 of the European Communities Act?
All provisions of Eu law are given the force of Law in the UK.
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How does membership of the EU Challenge Dicey's theory and Parliamentary Sovereignty?
In the even of conflict between UK law/legislation and Eu law, UK must follow EU law.
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What effect does the Human Rights Act have on Parliamentary Sovereignty?
Section 1A of the act requires a Government minister to declare whether a bill is compatible with the HRA.
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Example of a case illustrating the effect of the EU?
Costa V Enel and Factortame - where Spanish fisherman were fighting for the rights to fish in British Waters.
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What is the role of the Government?

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Card 3

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What is the role of the law commission?

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Card 4

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Advantages of the Law Commission?

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Card 5

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Disadvantages of the Law Commission?

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