Evaluating the Legislative Process: Advantages
Use the materials provided to fill in the table below in your own words:
Advantages of parliamentary law-making/ Point / Explain / Example
There’s scrutiny / The process is thorough going through 10 stages and over 1300 elected and non-elected people from different walks of life discussing the bill in detail, e.g. committee stage. The process usually takes several months, which allows for more scrutiny. If the bill is controversial there may have been a green and white paper to allow the public affected and other experts to fine-tune the proposal even before it reaches parliament. / Policing in the 21st Century
Allowing grandparents a legal right to see grandchildren.
It’s democratic / The thorough discussion of proposals in both Houses, the introduction of a proposed law after a detailed inquiry such as green & white paper or Law Commission report, the giving effect to election manifesto commitments, goes through 11 stages. MP’s are answerable to voters every 5 years and at each stage of a bill interested parties can lobby their MP to change a proposed law. / Abortion Act 1967
In 2006 the government listened to the public and medical professionals and altered the proposed law on a partial ban on smoking in public places to a complete ban.
The Government can control it / As the govt holds the most elected seats it is only fair that they are able to introduce news laws linked to the manifesto people voted for. Delegated legislation means that parliament discusses the main aims of the law and govt depts draw up the detail through statutory instruments. This prevents parliament having to spend time on technical detail and shorter bills, which are less complex. As the number of del leg each year is over 3000 parliament wouldn’t cope with allowing the govt this level of control / Hunting Act 2004
Air traffic control regulations
The House of Lords can check laws / There are many people in the HOL who are specialists, e.g. doctors, lawyers. Lord Winston is a Dr specialising in fertility and Lord Rix ran a mental health charity and has campaigned for those with disabilities. Bishops help represent those in society with religious views in a way MP’s cannot, e.g. abortion. Amendments are often suggested minority views represented, e.g. rejected of Labour law to reduce HOL scrutiny to max of 50 days rejected. As unelected can do right thing. / Disability Discrimination Act, Abortion Act, Civil Partnership Act
It’s flexible / Throughout the process bills can be amended, changed or even halted. New bills can be introduced to deal with very specific and urgent issues. Old laws can also be repealed quickly and when you politicians get a new mandate on an issue any law can be amended or changed. Privatisation o railways in railways act 1993 when electorate felt this would be in the public interest. / Criminal Justice (terrorism and Conspiracy) Act 1998 went through all its staged in 2 days.
Evaluating the Legislative Process: Disadvantages
Use the materials provided to fill in the table below in your own words:
Disadvantages of parliamentary law-making/ Point / Explain / Example
It’s undemocratic / Because the govt normally have a comfortable majority (e.g. Tony Blair) it is difficult for parliament to influence or change any proposed law. Abortion Act only passed due to govt support so may not have been what majority of voters wanted. CJP was criticised throughout passage of bill but no changes were made due to govt majority. / Abortion Act 1967
Criminal Justice and Public Order Act 1994 (CJP)
The Government can control it / A government with a big majority can force through laws, especially if in power for a long time, without any real debate in parliament. The laws may reflect political ideology rather than their voters’ views.
Governments also change their mind once elected so again don’t create laws the voters wanted. / E.g. Margaret Thatcher’s government trying to introduce the poll tax and the privatisation of the railways.
Lib dems said they wouldn’t raise tuition fees but then voted for this in 2011 government.
It’s slow / There is not enough time to pass all legislation that is needed, particularly reform bills. It usually takes several months for a bill to go through all stages and amendments and delays either through party politics or ping pong between the HOL and HOC add to the time even important bills take. The HOC sits on average for 163 days a year, which allows only 10 hours to be spent on each bill. / Non Fatal offence reform bill to replace Offences against the person Act 1861
Hunting Act 2004
It use dated processes, language and statistics / The process allows for manipulation due to old and outdated rules, e.g. the guillotine can restrict discussion on a bill. The govt can, using the guillotine, put a time limit on the discussion of the bill, which stops amendments being made. The DDA was guillotined twice and the Political Parties reform Bill was also guillotined from discussing the 60 pages of amendments raised. Once Act have been created there is rarely time to amend tem so they become dated and unfit for a modern society, e.g. In January 2003 there were 22 Education Acts in force / Dangerous Dogs Act 1991 (DDA)
Political parties reform Bill