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76 Cards in this Set
- Front
- Back
What is the law commission? |
An independent, permanent and full time law reform body |
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The law commission was set up by which act? |
The Law Commission Act 1965 |
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What is the composition of the law commission? |
There are five law commissioners, one of whom is the chairman. The chairman is responsible for promoting the work of the law commission and ace as the public face and voice. The chairman is a High Court judge and the other four are experienced practising or academic lawyers. Each law commissioner is supported by a team, made up of barristers, solicitors, researchers etc. |
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Under ____ of the _______ the role of the law commission is: |
S3(1), 1965 Act, "keep under review all the law." |
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What is codification? |
The bringing together of all the law on a particular topic into one AoP |
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What is codification? |
The bringing together of all the law on a particular topic into one AoP |
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What is consolidation? |
Bringing all the statutory provisions relating to a particular area into one AoP |
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What is codification? |
The bringing together of all the law on a particular topic into one AoP |
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What is consolidation? |
Bringing all the statutory provisions relating to a particular area into one AoP |
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Example of consolidation: |
The Education Act 1996 |
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What is the purpose of codification and consolidation? |
It makes the law more accessible and understandable |
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Repeal of obsolete law is: |
the removal of laws that have no further use |
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Why is repeal needed? |
To save time, as old, irrelevant acts delay the research of law |
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An example of suggestions made by the Law Commission? |
Computer Misuse Act 1990 |
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What matters do the Law Commission investigate? |
Those referred by Government departments, those it chooses to investigate, and those it is pressured into investigating by other sources |
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What is the Law Commission investigation process? |
Research into the issue is conducted. A working paper is produced, which sets out the current law, its problems and suggestions for reforms. Consultation follows, where anyone interested comments, leading to a report, including a draft Bill. |
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Give an example of an Act passed to implement a Law Commission recommendation |
The Law Reform (Year and a Day Rule) Act 1996 |
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Advantages of the Law Commission: |
They possess considerable legal non-political expertise, and lots of research is conducted, meaning its recommendations are well informed. They are independent body, meaning all law is kept under review without political agenda. |
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Disadvantages of the Law Commission: |
Many recommendations (about a third) aren't implemented, as the Government isn't obliged to act on any suggestions, nor consult the Law Commission on any proposed law. Investigations are often lengthy. 20 to 30 investigations are conducted at one time, meaning they may not be as thorough as desired. |
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What are pressure groups? |
individuals or groups, ranging from a single person to hundreds of thousands of people, who use a variety of methods to influence parliament
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What methods are used by pressure groups? |
Lobbying, marches, petitions, publicity campaigns |
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What are the two types of pressure groups? |
Sectional and cause |
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What are sectional pressure groups? |
A group of people attempting to further the interests of a section of society |
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Examples of sectional pressure groups: |
National Farmers Union, Law Society |
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Why do the Government need sectional groups' support? |
As their membership is so large, upsetting them would lead to loss of votes. Because of the wealth and influence possessed by these groups, it is rare for the Government to introduce a law affecting their interests without consulting them. |
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What are cause groups? |
A group promoting a particular belief or ideal |
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Examples of cause groups: |
RSPCA, Fathers 4 Justice |
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Despite having less influence and contact with the Government, cause groups can still make a difference. How? |
By publicising their views, for example, using the media |
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What Bill did the RSPCA promote? |
Animal Welfare Bill |
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Name an individual who campaigned and the Bill subsequently created: |
Mary Whitehouse, who was able to pressure the Government into creating the Protection of Children Act |
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What are insider pressure groups? Give an example. |
Pressure groups that are respected and consulted by the Government. The NFU. |
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What are outsider pressure groups? Give an example. |
Pressure groups who are not consulted by the Government. The Countryside Alliance. |
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Advantages of pressure groups: |
They raise public awareness They raise Government awareness They possess considerable expertise |
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Disadvantages of pressure groups: |
They are biased They may use undesirable tactics They - outside groups, at least - have little say They are a small minority |
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What is the connection between the media and the public opinion? |
They influence each other |
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The media sometimes campaign to reform a law. Give an example. |
The Name and Shame Campaign |
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Law reform is sometimes prompted by pressure from more than one influence. Give an example. |
Criminal Justice Act |
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Advantages of the media: |
They raise public awareness They raise public awareness |
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Disadvantages of the media: |
They are not politically neutral They are in it for profit They can whip the public into a frenzy, for example, in the Dangerous Dogs Act |
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What are Acts of Parliament also known as? |
Statutes or legislation |
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What is the composition of the HoC? |
The HoC contains approximately 650 MPs. Each MP represents a constituency and has been elected by their constituents. The party with the most elected members becomes the Government |
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What is the role of the HoC? |
To make policy and decide how to run the country. They debate, scrutinise and vote on whether to approve proposed laws. They represent the views of the constituents. They hold the Government to account. |
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What is the composition of the HoL? |
The HoL has 700 members, known as Peers. There are three types of Peers: Hereditary, Life, Law Lords, along with 26 bishops |
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What is the role of the HoL? |
They scrutinise and amend proposed legislation from the HoC. They scrutinise proposed EU legislation. They debate policy issues and matters of current concern. They can introduce laws. |
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What is the role of the Crown? |
They open each parliamentary session. They give Royal Assent. |
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What types of Bills are there? |
Public, Private and Hybrid |
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What are Public Bills? |
Bills affecting the general public. Some apply to the whole of the UK, some apply only to England and Wales. |
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What are the two types of Public Bills? |
Government Bills and Private Members' Bills |
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What are Government Bills? |
The main type of Bill introduced, about a quarter are routine. Introduced by Ministers, to honour manifestos, in response to specific incidences, in order to comply with international treaties, and following recommendations from the Law Commission. |
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What is a green paper? |
A consultation document, setting out the Government's outline policy proposals and inviting comments from interested parties. |
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What is a white paper? |
Following a green paper, it is produced with more detail, and will sometimes invite comments |
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What is a Private Members' Bill? Give an example. |
Bills introduced by backbench MPs, and sometimes by Peers. Few ever become law because there isn't much allocated time for them. The Abortion Act (backbench MP) and the Assisted Dying Bill (Peers) |
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What are Private Bills? Give an example. |
Bills affecting individuals, organisation or specific areas, introduced through petitions. The Marriage Enabling Act |
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What are Hybrid Bills? Give an example. |
A cross between Public and Private Bills. Introduced by a Government Minister, affecting particular individuals, organisations or localities. The Rail Link Act |
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What is the process through which a Bill becomes an AoP? |
The Bill must pass through three readings and two stages in each House and then receive Royal Assent |
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What happens in the first reading? |
The title and main aims are read out and a verbal vote is taken to decide whether it should progress |
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What happens at the second reading? |
The House debates the whole Bill, focusing on its general principle. The debate is begun by the promoter or a Minister. Another vote is taken to decide whether the Bill should progress. If it does progress, it is likely to become an AoP. |
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What happens at the committee stage? |
The Bill is then passed to the standing committee, made up of 16 to 50 MPs who have specialist knowledge in the subject. The committee scrutinise the Bill clause by clause and make amendments, all of which are voted upon. In the HoL, there isn't a standing committee, the whole House participates |
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What happens at the report stage? |
The committee then report their amendments back to the whole House. Each amendment is debated and a vote is taken to see whether it should be accepted or rejected. Further amendments may be made |
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What happens at the third reading? |
A review of the whole Bill occurs and a vote is taken to decide whether the Bill should proceed to the second House. This stage is more of a formality. If the Bill is approved, it will then go to the second House, where it goes through the same process again. |
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What Act limits the HoL's power? |
The Parliaments Act 1911 and 1949, which means they can only delay Bills for a year (or a month for money Bills). After that time, they may be passed, provided they are approved by the HoC again. |
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Name an Act that has been passed this way: |
The Hunting Act 2004 |
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What is Royal Assent? |
Once a Bill has passed through both Houses, it needs to receive Royal Assent from the monarch. It is given by the speaker of the HoC on behalf of the queen. This is a formality. |
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What are the advantages of parliamentary law making? |
Scrutiny, Democratic, Government control, HoL as a checking mechanism, Flexibility |
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Disadvantages of parliamentary law making? |
Undemocratic, Government control, Slow, Dated |
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What is parliamentary sovereignty, when was it established and by which Act? |
The idea that the legislative body has absolute control 17th century The Bill of Rights |
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A.V. Dicey defines parliamentary sovereignty in three points. These are: |
1. Parliament's power is unlimited and can make law on any topic 2. The validity of parliamentary law cannot be questioned by anyone 2. No parliament can limit the law making power of future parliament. |
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When did the UK join the EU? |
1 January 1973 |
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The effect of s2(1) of the European Communities Act (ECA) is that: |
all the provisions of EU law are given the force of law in the UK |
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s2(4) of the ECA has the effect of: |
making UK AoP subject to directly applicable EU law |
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The supremacy of European law over UK legislation was clarified in the case of: |
Costa v Enel |
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Costa v Enel clarified: |
the requirement for pre-existing and future legislation to comply with EU law. |
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The case of Ex parte Factortame showed that: |
domestic courts must suspend domestic legislation while waiting for a ruling from the ECJ |
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Thusly, EU membership contradicts parliamentary sovereignty because: |
we have to obey their laws above our own. |
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What is devolution? |
Where Westminster devolved certain powers to the Scottish Parliament and Welsh Assembly, allowing them to make laws for their own countries. Certain powers, eg defense, is still retained.
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Devolution contradicts parliamentary sovereignty because: |
We do not have power over the whole of the UK. |