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Chapter 3 Law Making: Parliamentary Law Making (3.3 The formal legislative…
Chapter 3 Law Making: Parliamentary Law Making
Parliament
3.1.1. House of Commons
Members of the house of commons are elected by the people who are above 18 years old.
The country is divided into constituencies and each votes for one member of parliament.
There is a general election every 5 years where these members are voted in.
The government that are voted in are the political party with the majority.
It is the government who has the main say in formulating new acts of parliament.
3.1.2. House of Lords
A non-elected body.
Consists of :
92 hereditary peers
These are people who have had the lord title passed down through the generations
about 700 life peers
Life peers are people who have the lord title for only their lifetime and it wont get passed down after that.
26 of the most senior bishops
Most of Britain's laws were made at the start by the church this gives a second opinion to the laws to make sure it fits with the main religion of the country.
12 most senior judges : Lord Justices
Any Lord Justice can sit in the house of lords only after they have retired or have stepped down from being a judge to make sure that there is no conflict of interest, this keeps the law enforcers and the law makers separate.
They are separate from Parliament and now sit in the Supreme Court.
3.2 Green and White Papers
Green
A consultative document issued by the government putting forward proposals for reform of the law.
By a government Minister.
A law is put forward and hen interested parties are then able to put their comments forward so that a full consideration of all sides can be made as well as any necessary changes.
White paper
After they have had all their feedback a white paper is published with the firm proposals for the new law.
A document issued by the government stating their decisions as to how they are going to reform the law.
Stops a knee-jerk reaction.
3.3 The formal legislative process introducing an act of parliament
Private Bills
A small number of bills are desgined to pass a law which iwll affect only individual people or corporations these do not affect the whole community.
Example
Faversham oyster fisheries bill 2016
This bill changes the way the company is run.
Hybrid Bills
These are a cross between public bills and private bills.
They are introduced by the government but if they become law they will affect a particular person, organisation or place.
Examples
The various crossrail bills
These bills allow for the construction of underground rails links in London which affect the people in the area.
The bills give power to acquire land, grant planning permission and authorise the necessary work.
people can petition against it happening and could stop it in some way
Ballot
The parliamentary process allows for a ballot each parliamentary session in which 20 private members are selected which can then take their turn in presenting a bill to parliament.
The time is limited normally on a Friday so that the first 6 or 7 members in the ballot have a realistic chance of introducing a bill on their chosen topic.
Bills
The name for a draft law going through through parliament before it passes all the parliamentary stages to become an act of parliament.
When the proposed act has been drafted it is published at that particular stage it is called a bill
A bill will only become an act of parliament if it successfully completes all the necessary stages in parliament and receives the royal assent.
Introduced into parliament by a minister.
Some difficulties are that drafts-men face problems in trying to frame the bill: it has to be drawn up to represent the governments wishes whilst at the same time using correct legal wording to make sure it can be understood in the courts.
Public Bills
Most nills introduced into parliament involve matters of public policy which will affect either the whole country or a large section of it.
Most bills are in this category.
Example
The legal services act 2007.
Sentencing and punishment of offenders act 2012.
The criminal justice and courts act 2015.
Private members' Bills
These MP's are not government ministers and are from any political party.
Not many private members bills became actual law but there have been some important laws passed as the result of such bills.
examples:
the abortion act 1967
Legalised abortion in this country.
the marrioage act 1994
Allows people to marry in any registered place not just register buildings or religious places.
The household waste recycling act 2003
Which places local authorities under a duty to recycle waste.
Two ways a private mp can introduce a bill.
By ballot.
Through the 'Ten minute rule'
House of lords can also introduce private members' bills.
Ten-Minute Rule
Back benchers can try to introduce a bill through the ten minute rule under which any mp can make a speech of up to ten minutes supporting the new introduction of new legislation.
The method is rarely successful unless there is no opposition to the bill however some acts of parliament have been introduced in this way.
Examples
Bail (Amendment) Act 1993
Which gave the prosecution the right to appeal against the granting of bail to the defendant.
3.4 The Influences on Parliament
3.4.1 Political Influence
Political parites make a list of reforms that they would carry out if they were elected this is called the partys manifesto.
In the Queens speech the laws for the next year that will be put before parliament.
State opening of parliament.
Advantages
Each political party has its proposals for reform ready.
Government has a majority so every law that is proposed is passed so it is more efficient.
Disadvatages
They may repeal some laws.
Changes in the law can be costly and open to criticism.
Where the government has a small majority it may restrict what laws they can get passed in parliament.
3.4.2 Public Opinion/Media
Where there is a strong public opinion about a change to the law the government may bow to such opinion.
Media is the ways in which information is supplied to the public.
Large role in bringing the public's opinion to the governments attention.
Advantages
Some peoples public opinion will be affected by specific events and these may also play a role in formulating the law.
Having a free press that are able to criticise government policy or bring any other issue to the attention of the government.
Disadvantages
The government may respond too quickly to high profile incidents (a knee-jerk reaction) can lead to law being made too quickly and being poorly drafted.
In some cases it can be said that the press manipulate the news and create public opinion.
3.4.3 Pressure Groups
These are groups that have a particular interest they try to bring matters they are intrested in to the attention of the general public and the government.
Sectional
Exist to represent the interest of a particular group of people often represent work groups or professions.
Cause
They exsist to promote a particular cause there are many different types of cause pressure groups such as Greenpeace.
May make the government change the law on certain occasions.
This was seen in 2000 when the government finally agreed to reduce the age of consent for homosexual acts in private to 16.
3.4.4 Law Reform Bodies
Permanent panel of legal experts.
Recommend which laws should be changed.
Advantages
Areas of law are researched by legal experts.
The law commission consults before finalising its proposals.
Whole areas of law can be considered not just isolated issues.
Enacting the law on an area in one act such as The Ford Act 2006 makes the law easier find and understand.
Disadvatages
The government doesn't always implement the reforms it suggests.
Lobbying
Individual MPs being influenced by people in the lobby inside the House of Commons.
Private member trying to do a bill people make sure they choose one that would be sympathetic to that law.
Advantages
A wide range of issues are drawn to the attention of the government as there are so many pressure groups.
Disadvantages
It can be argued that pressure groups are seeking to impose their ideas even when the majority of the public do not support their views.
Two pressure groups have conflicting interests and want opposing things.