Law Making and Legal System

Legislation

term for laws made by parliament. single piece of legislation is called Act of Parliament

Parliament consists of-

House of Commons, Lords, and Monarch

House of Commons

comprises of elected MPs which are members of both political parties of gov and the opposition

House of Lords

members are nominated not elected. members are referred to as life peers

term for law making process

legislation process

3 stages of legislation process

Green paper- consulting doc setting out new idea. feedback is given to see if it is a good idea

White paper- finalized version of the idea of a new law. said to be firm proposal

Bill- documented proposal with legal terminology added in by Parliament Council this is passed through house of commons for first reading

5 stages of parliamentary process

First reading- reading out title of bill then setting date for second

Second- debated and if theres a division then a vote is held

Committee stage- scrutinized by Public Bill Committee

report stage- public bc reports back w proposals

third- final reading. bill is said to have been passed through the house

What happens in House Of Lords

same stages are repeated. house of lords does not have power to prevent a bill from passing but can delay

final stage

as proposed by the Royal Assent Act 1967, monarch signs the Bill giving it royal assent

Why does gov seek to change the law?

to create new criminal offenses bc the social climate has changed.

To bring existing laws up to date

To implement social legislation

Yo consolidate several acts of parliament such as the consumer rights act 2015

Influences which encourage gov to introduce proposals: 1.

Political influences: the gov of the day will have a party election manifesto which will influence people to vote for a particular party or MP. It is duty of the gov elected to put in place their manifesto policies. This might include : a law to reduce income tax

Examples of Gov asking parliament to pass legislation relating to matters of public concern

The dangerous dog acts 1991- public concerns of the increased danger of people owner dangerous dog breeds

Pressure groups

Put forward policies and seek support for change in the law. They fall into different categories : protective , promotional, insider, outsider , permanent , temporary

Protective

Aim to protect the common interests of a group. Example- trade union protecting rights of its members

Promotional

Promote a particular single cause. Example Greenpeace puts pressure to make laws relating to environmental issues

Insider

Seen as legitimate and a worthy cause by government and parliament. Example- British medical association puts pressure on parliament to ensure laws is kept up to date to support doctors

Outsider

Not seen as legitimate. Tend to use controversial tactics. Example is Greenpeace who have protested and prevented operations at nuclear plants

Permanent

Eg abortion law reform association

Temporary

Until the cause they’re fighting for has been satisfied. Example snowdrop appeal campaigned for banning of certain firearms.

Methods to put pressure

Lobbying- netting w an MP in lobby of parliament

Public support- draw attention to their use through protests and flyers

Demonstrations and marches

Consultation w various connected organizations

Advantages of pressure groups

Raise awareness of issues and remind parliament of importance of an issue.

Pressure groups will have sound knowledge and have well researched info. Can be useful and persuasive when trying to get gov members to take notice of their cause

Disadvantage

Can use undesirable anti social tactics: this can have a negative impact on the public’s view of the cause.

The media and public pressure

The media is a term that identifies the key channels of communication and includes press, TV, radio, and social media channels. Right of freedom of expression for the press is provided in Human Righte Act 1998.

It’s usually the media that draws attention to matters

Advantages of the media as an influence on law making

Plays a key role of raising gov awareness of issues causing concern to the public. Raises public awareness of problems in society. Reaches extensive audiences.

Disadvantages

Can be politically biased and promote views of the owners of the organization. Newspapers freedom of speech can result in twisting the truth.