Advantages and Disadvantages of Parliamentary Law Making

harryloftus505
Mind Map by harryloftus505, updated more than 1 year ago
harryloftus505
Created by harryloftus505 about 5 years ago
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A level Law (law unit 2 part 2) Mind Map on Advantages and Disadvantages of Parliamentary Law Making, created by harryloftus505 on 02/20/2015.

Resource summary

Advantages and Disadvantages of Parliamentary Law Making
1 Advantage #4 - Scrutiny
1.1 Bills pass through both houses and receives Royal Assent
1.2 Bills have 3 readings and 2 stages in each house
1.3 Plenty of opportunity for debates, scrutiny and ammendment
1.3.1 Therefore poor drafting can be removed
2 Advantage #1 - Democratic
2.1 House of Commons MPs are elected
2.1.1 However a truely democratic system is on based upon proportional representation
2.2 MP's gives views of constituents
2.3 Lords aren't elected so they cannot veto a Bill. Under the Parliament Act they can only delay a Bill up to 1 month
2.4 The Monarch's role is just a formailty
3 Advantage #3 - House of Lords
3.1 Acts as a checking mechanism in large majority Governments
3.1.1 Tony Blair 1997 election with Labour won 418/650 seats
3.2 Can guard against laws soely made for the advantage of the Government
3.3 If they delay a Bill there's more debating on it
3.4 Lords have high amounts of expertise therefore scrutiny levels are very high
3.5 Lords aren't bound by party politics and can act independently
4 Advantage #2 - Flexibility
4.1 Bills can be started in both houses
4.1.1 Several types of Bills can be started
4.1.2 All Government MPs and the Lords can start new laws
4.1.2.1 This can b useful when Government haven't thought of a certain issue
4.1.2.1.1 Or if the topic is controversial like the Abortion Act 1967 which was a Private Members Bill created by David Steel (LibDem)
5 Disadvantage #1 - Undemocratic
5.1 House of Lords nor Queen is elected
5.2 Lords shouldnt be able to delay a Bill approved by the elected Commons
5.3 Eventhouh MPs are elected they have to vote with their party
5.4 Large majority governments can introduce anything they wish
5.4.1 Tony Blair 1997 election with Labour won 418/650 seats
5.4.1.1 Apparent when he sent troops to Iraq. This was a highly controversail thing to do but as Labour had won by such a landslide they could pass virtually anything.
5.5 Each government last 5 years
6 Disadvantage #2 - Government Control
6.1 Can vote out any Private Members Bill
6.2 Very few of them actaually become acts. in 2005-2006 only 3 out of 130 passed
6.3 Government is too powerful and can pass the House of Lords
6.3.1 Due to the Pariament Act 1911 and 1949
6.3.1.1 Hunting Act 2004
6.3.1.2 Sexual Offences Act 2000
7 Disadvantage #3 - Dated process, Language and Statistics
7.1 Draftsmen use over elaborate words
7.1.1 Language is ncomprehensible to normal peole which means the law is inaccessible to them.
7.2 About 75% of cases heard in the Supremem Court are about the wording of acts
7.3 Judicary and Lawyers often have to interpret what the Act is trying to say
7.4 Renton Committe Report on Preparation of Legislation 1975 and the Hansard Committe 1992 both confirmed how outdated the process was.
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