Advantages and Disadvantages of Parliamentary Law Making

Advantages and Disadvantages of Parliamentary Law Making

1. Advantage #4 - Scrutiny

   • Bills pass through both houses and receives Royal Assent
   • Bills have 3 readings and 2 stages in each house
   • Plenty of opportunity for debates, scrutiny and ammendment
     • Therefore poor drafting can be removed

2. Advantage #1 - Democratic

   • House of Commons MPs are elected
     • However a truely democratic system is on based upon proportional representation
   • MP's gives views of constituents
   • Lords aren't elected so they cannot veto a Bill. Under the Parliament Act they can only delay a Bill up to 1 month
   • The Monarch's role is just a formailty

3. Advantage #3 - House of Lords

   • Acts as a checking mechanism in large majority Governments
     • Tony Blair 1997 election with Labour won 418/650 seats
   • Can guard against laws soely made for the advantage of the Government
   • If they delay a Bill there's more debating on it
   • Lords have high amounts of expertise therefore scrutiny levels are very high
   • Lords aren't bound by party politics and can act independently

4. Advantage #2 - Flexibility

   • Bills can be started in both houses
     • Several types of Bills can be started
     • All Government MPs and the Lords can start new laws
       • This can b useful when Government haven't thought of a certain issue
         • 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

   • House of Lords nor Queen is elected
   • Lords shouldnt be able to delay a Bill approved by the elected Commons
   • Eventhouh MPs are elected they have to vote with their party
   • Large majority governments can introduce anything they wish
     • Tony Blair 1997 election with Labour won 418/650 seats
       • 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.
   • Each government last 5 years

6. Disadvantage #2 - Government Control

   • Can vote out any Private Members Bill
   • Very few of them actaually become acts. in 2005-2006 only 3 out of 130 passed
   • Government is too powerful and can pass the House of Lords
     • Due to the Pariament Act 1911 and 1949
       • Hunting Act 2004
       • Sexual Offences Act 2000

7. Disadvantage #3 - Dated process, Language and Statistics

   • Draftsmen use over elaborate words
     • Language is ncomprehensible to normal peole which means the law is inaccessible to them.
   • About 75% of cases heard in the Supremem Court are about the wording of acts
   • Judicary and Lawyers often have to interpret what the Act is trying to say
   • Renton Committe Report on Preparation of Legislation 1975 and the Hansard Committe 1992 both confirmed how outdated the process was.