Parliamentary Law Making

New Law Specification 2016

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How do we make laws?
House of Commons + House of Lords + Royal Assent
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What is the role of the House of Commons?
Members are democratically elected, debate on issues of the policy behind the law and on specific bills and have the majority seat in the House of Commons
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What is the role of the House of Lords?
To check the work of the House of Commons, are not publically elected and refine and add law rather than oppose the House of Commons
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What is Statute Law?
Made by Parliament
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What is Common Law?
Made by the Courts and judges
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What is a Green Paper? And give an example.
Issued by Government and outlines multiple policy proposals and welcomes discussion from the public and relevant parties. E.g High Speed Rail Paper
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What is a White Paper? And give an example
Sets out government's firm plans and consults all relevant parties. Bills are often based off this paper. E.g. Putting Victims First Paper
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What are the stages of parliamentary law making?
First Reading, Second Reading, Committee Stage, Report Stage, Third Reading, Swap Houses, Ping Pong and Royal Assent
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What happens in the First Reading?
The title of the bill is read out and a date is set for the Second Reading
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What happens in the Second Reading?
A vote is taken to see if the bill will pass onto the next stage
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What happens in the Committee Stage?
In the House of Commons a small group of MPs go through the bill and make amendments. In the House of Lords all of the Lords make amendments
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What happens in the Report Stage?
All amendments are reported make to the House and further amendments are made if needed
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What happens in the Third Reading?
A vote is taken to see if the bill will pass through. However, this is only a formality as most bill pass through this stage
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What happens in Swap Houses?
The bill swaps to the opposite House and goes through the same stages
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What is Ping Pong?
Where constant amendments are being made between the two Houses on a bill
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What is Royal Assent?
A bill is signed out by the Queen and becomes an Act of Parliament
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What act says that the House of Commons can pass an Act without the House of Lords Consent?
The Parliament Acts 1991 and 1949
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Why are the Parliament Acts 1991 and 1949 used? Give an example when it has been used.
When the Lords disagree with the House of Commons. E.g. The Hunting Act 2004
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What is a Government Bill? Give an example.
Are introduced to Parliament by the Government. Can be due to manifesto promises, responses to an incident, to comply with international agreements and treaties or are following the recommendations of the law commission. E.g. Childcare Bill 2015
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What are Private Members Bills? Give an example.
Introduced by 'backbench' MPs so not many become Acts due to lack of debating time. They often highlight concerns from the public. E.g. Hunting Act 2004
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What are Private Bills? Give an example.
Only affect certain individuals and are introduced through petitions. E.g. Marriage Enabling Act 1980
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What are Hybrid Bills? Give an example.
Government introduce bills that only affect certain individuals. E.g. the Channel Tunnel Act 1996
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What are the advantages of the legislative process?
Scrutiny, democratic, the government have control so laws are likely to succeed, House of Lords check the work of the House of Commons and different types of bills let everyone be heard
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What are the disadvantages of the legislative process?
Undemocratic, government control (can by pass the HoL), slow and the language and process are often unclear
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How does A.V Dicey define Parliamentary Supremacy?
Parliament has the right to make or unmake any law and further no person is recognised as having the right to override or set aside an Act of Parliament
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Who was A.V Dicey referring to in Parliamentary Supremacy?
The Courts e.g. BRB v Pickin and Parliament who cannot make binding law that means there is no permanent law in the UK
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What are the limitations for Parliamentary Supremacy?
Human Rights and the European Convention, European Union and Devolution
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When did the UK join the European Union?
1973
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How is the European Union a limitation on Parliamentary Supremacy?
All EU law is to be given full force of UK law so all Act of Parliament have to be applicable with EU law. Therefore if there is a conflict EU law will prevail. An example of this is Ex Parte Factortame 1991 where the ECJ suspended national court law
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How is the European Convention a limitation on Parliamentary Supremacy?
Requires that all UK law complies with the Convention Rights and before the Second Reading a Government Minister must state whether the bill is compatible or not
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How are Human Rights a limitation on Parliamentary Supremacy?
If it is secondary legislation the court can quash the legislation and if it is an Act of Parliament they can declare it incompatible
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What is an example of incompatibility with the Human Rights Act?
Anti-Terrorism, Crime and Security Act 2001 being changed to the Prevention of Terrorism Act 2005
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How is devolution a limitation on Parliamentary Supremacy?
Allows them to delegate on certain matters e.g. legislation but Parliament still has control of matters that affect the whole county like defence
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Which acts gave legislative powers to Scotland and Wales?
Scotland Act 1998 and the Government of Wales Act 1998
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What are the three influence on Parliament?
The Law Commission, Pressure Groups and the Media and Public Opinions
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What does the Law Commission do?
Consolidation, Codification, Repeal and Report
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What is consolidation?
Bring together laws spread out over many Act of Parliament or Case Law and consolidating them into a single act
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What is codification?
Turning law that has been made by judges over hundreds of years into a single Act of Parliament
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What is repeal?
Presenting suggestions for the removal of old law that is no longer necessary
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What is report?
Providing suggestions for changes and improvements
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What are pressure groups?
A person or group that campaign for changes in law and obtain support by lobbying MPs, petitions, public campaigns and demonstrations
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What is an insider pressure group? Give an example.
Has support of the MPs e.g. NUT
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What is an outsider pressure group? Give an example
Lacks the support of MPs e.g. Father 4 Justice
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What is an sectional pressure group? Give an example
Represents a particular section of society e.g. The Law Society for Solicitors
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What is an cause pressure group? Give an example
Promotes a particular idea or belief e.g. Greenpeace
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How can the media influence Parliament?
Effective as MPs are elected by the public and if they vote in a way that pleases the public they are more likely to be voted in again
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What media campaign have influence Parliament?
'Name and Shame' Campaign (sex offender names released) and the Snowdrop Campaign (banning of handguns)
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What are the advantages of the law commission?
Have experts in many fields, provide recommendations of law that needs reforming, independant, draft bills are attached to reports
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What are the disadvantages of the law commission?
Lengthy investigation, only 1/3 of recommendations are implicated and the government are not obliged to consult them when changing the law
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What are the advantages of pressure groups?
Raises public awareness, have considerable interest and experiences in their chosen cause and keeps parliament in touch with public opinions
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What are the disadvantages of pressure groups?
Biased, represent a small number of society and often commit criminal acts
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What are the advantages of the media?
Raise awareness of public opinions and raises public awareness
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What are the disadvantages of the media?
Run to make money and are not politically neutral
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Other cards in this set

Card 2

Front

What is the role of the House of Commons?

Back

Members are democratically elected, debate on issues of the policy behind the law and on specific bills and have the majority seat in the House of Commons

Card 3

Front

What is the role of the House of Lords?

Back

Preview of the front of card 3

Card 4

Front

What is Statute Law?

Back

Preview of the front of card 4

Card 5

Front

What is Common Law?

Back

Preview of the front of card 5
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