Legislation

Question 1

Influences on parliament - Political

Answer 1

Government (party with most votes) has a major say on new laws.

Question 2

Influences on parliament - Political A03

Answer 2

+ law making more effective - manifesto = reforms already ready, majority in commons = faster to pass law
- different parties repealing previous governments laws
- goverment with small majority = struggle to pass laws ( Conservative and Liberal democrats 2010-5)

Question 3

Influences on parliament - Public opinion/ media

Answer 3

Strong public opinion will make the goverment bow - likely if there at the end of their term
Media brings problems to attention of government + rest of public

Question 4

Influences on parliament - Public opinion/ media A03

Answer 4

+ can affect formation of laws - Dunblane shooting - 16 - Guns
+ Free press allows for Criticism of the government
- Media may manipulate news
- Goverment responds too quickly = badly drafted rush laws (DDA 1991)

Question 5

Influences on parliament - Pressure groups

Answer 5

Represent particular groups = Sectional (trade unions)
Represent particular problem = Cause (Greenpeace - environmental cause)
Can argue against change:
Justice and liberty group = campaigned against restrictions of trial by jury

Question 6

Influences on parliament - Pressure groups A03

Answer 6

+ wide range of issues brought to attention
+ important issues raised (environmental)
- pressure groups impose ideas even if the majority doesn’t agree
- opposing pressure groups (league against cruel sports v countryside alliance)

Question 7

Influences on parliament - Law reform Bodies

Answer 7

Consider reforms and report on them. made up of legal experts and high court judges. Use consolidating paper and then a final report that maybe made to law (OLA84)

Question 8

Influences on parliament - Law Reform Bodies A03

Answer 8

+ Researched by legal experts
+ helps remove old unnecessary laws
- goverment doesnt always implement reforms (no time)
- goverment not bound to to implement reforms

Question 9

Legislative Process -
Whitehall stage
private bill
private members bill
Green paper
white paper

Answer 9

Whitehall stage = Acts start as bills proposed by goverment snd drafted by civil servants
private bill = only affects certain regions
private members bill = public bills prepared by backbench MPs
Green paper = Consultation document
white paper = sets out proposals and reasons for legislation

Question 10

Legislative Process - Westminster stage

Answer 10

1 First reading - no debate
2 second reading - brief debate
3 committee stage - detailed scrutiny of clauses - 18 MPS proportionate to parliament
4 - report stage - changes made accepted or rejected
5 Third reading - bill confirmed
6 - house of lords - same as last 5 stages except committee stage is whole house
7 Royal Assent - King signs it + comes into force whenever scheduled

Question 11

Legislative Process - A03

Answer 11

+ scrutiny - 3 readings and 2 stages for both houses
+ Democratic - MPs represent, House of Lords can’t vito, King merely formal
+ House of Lords - greater debate
+ Flexibility - issues can be left to à free vote
- Undemocratic - House of Lords, King , MPs pressured by leaders
- Slow (can take months)
- Language (Supreme court = 75% interpretation debates)
- can’t vote until 18

Question 12

By laws and Enabling acts

Answer 12

By laws = secondary legislation, Trafglar square and parliament square by law 2002 - no pigeon feeding/selling feed
Enabling acts = primary legislation, gives power to local authorities - Public health act 1907 - Promendaes Weymouth and Portland

Question 13

Statuary instruments

Answer 13

Made by minsters of departments, drafted by civil servants, they can make regular updates to the law - National minimum wage act 1998

Question 14

Orders in council

Answer 14

Passed by privy council, can make laws even when parliament arent sitting:
Dissolve parliament before election
Bring act into force
Dealing with forgien affairs
National emergencies

Question 15

Delegated legislation - A03

Answer 15

+ Parliament doesn’t have time for these detailed rules
+ speed in emergencies
+ MPs on experts in these complex areas
+ local knowledge of local issues
- Too much to keep up with
- Lack of debate compared to acts of parliament
- Less democratic
- Subdelegation for drafting = misinterpretation

Question 16

Control of Deli Leg by parliament

Answer 16

1 replacement with legislation
2 negative resolution procedure - MP has 40 days to pass a notion to get it anulled will then be Debated + voted
3 affirmative procedure - EAs with important matters can be debated + voted
4 super affirmative procedure - check with Greater scrutiny where changes can be made
5 committee supervision - SIs looked over and reffered back to parliment if defective or exceeds powers
6 MPs can ask questions
7 House of Lords Vito

Question 17

Control of Deli leg by parliament - A03

Answer 17

+ parliamentary Sovereignty
+ affirmative snd Negative procedure allows for debate
+ MPs ask questions
+ House of Lords can veto - constitutional safeguard
- committee supervision = too mucg to check
- committee can’t act or comment on deli leg
- MPs may not ask question

Question 18

Judicial control of deli leg

Answer 18

the doctrine of Ultra Vires = outlines where deli leg goes beyond powers laid down in enabling act following a judicial review

Procedural ultra vires = procedures in an enabling act are not followed - Agricultural, Horizontal and forestry training board v Aylesbury mushrooms ltd - must consult with interested parties - did not = void

Substantive ultra vires = focusing on the content of the decision itself that .goes beyond powers granted by parliament - Strickland v Hayes - by law prohibited rude songs in both public and private areas - declared unjust

Question 19

Judicial control of deli leg - A03

Answer 19

+ gives the general public power to change delegated legislation
- difficult to bring forward (Ignorance/fear)
- only challenged by someone wuth interest in the case
- case against government

Question 20

other ways to control delegated legislation

Answer 20

Consultation - consult with experts and members of the public likely to be effected by it
Publication - must be published therefore up for public scrutiny