6466249
Description
Mind Map by Helen Martin, updated more than 1 year ago
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Created by Helen Martin
about 8 years ago
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Block 2 - Unit 4
- UK Parliament
Annotations:
- The UK Parliament (based at Palace of Westminster) is an example of a bicameral legislature; it has two debating chambers: the House of Commons and the House of Lords.
- The Monarch
Annotations:
- Non-elected Head of State. Monarchy is hereditary.
- House of Commons
Annotations:
- 650 members of Parliament (MP's) who are elected by the voting citizens of the UK.
- General Election
Annotations:
- The immediate purpose of a general election is to elect MP's who will sit in the House of Commons. The number of seats won by a political party determines which party will form the next government. If the largest party has less than 50% of the seats, it will have to form a coalition with one or more smaller parties.
- first-past-the-post
Annotations:
- UK elections use the first-past-the-post electoral system. This means that within each constituency the candidate who has received the most votes takes a seat in the House of Commons. The number of seats won by each political party does not reflect the percentage of the electorate who voted for that party, so there is an argument that the MP's who pass legislation do not accurately represent the political views of UK citizens.
- Proportional representation
Annotations:
- In this electoral system, the whole of the UK is treated as one constituency, and the distribution of seats in Parliament reflects the proportion of the total votes cast for each party. Proportional representation would benefit small parties by increasing the number of seats they hold, but it is more likely to lead to situations where no party has an overall majority, thus leading to coalition government.
- House of Lords
Annotations:
- Not elected; they consist of: *appointed peers, based on experience/expertise *excepted hereditary peers (92no) *senior Church of England bishops House of Lords is subordinate to the House of Commons.
- Green Paper
Annotations:
- A Green Paper is usually the first published document containing a proposal for an Act of Parliament. It is a discussion document outlining the principles being considered. It is open to consultation.
- White Paper
Annotations:
- After the initial consultation, the government will usually set out details of its proposals in a White Paper. Further feedback may be sought at this stage. Once feedback has been scrutinised, parliamentary counsel will draft a Bill. This is then debated in Parliament.
- A Bill
Annotations:
- A Bill may be introduced in either chamber and passes through five stages in both Houses.
- Public Bill
Annotations:
- Most common type; become Public/General Acts; mostly Government Bills.
- Private Members Bill
Annotations:
- Put forward by individual MP's or members of the House of Lords.
- Ballot
Annotations:
- each Parliamentary year, MP's who wish to put forward a Private Members' Bill can be put into a ballot. Seven are given a specific day on which their Bill will be debated.
- Ten minute rule
Annotations:
- A ten minute speech to introduce the Bill. Unlikely to be passed.
- Presentation
Annotations:
- Having given notice, MP's may introduce their Bill by presenting the title only during parliamentary speeches. Very unlikely to be passed.
- Hybrid Bills
Annotations:
- Affect the general public but focus more on a specific group of people or area; become Public/General Acts on passing.
- Private Bills
Annotations:
- Deal with issues affecting only a limited number of people, i.e. those in a local authority. Come Local Acts on passing.
- First reading
Annotations:
- The Bill is published and a date is set for the second reading.
- Second reading
Annotations:
- The Bill is introduced to the House and debate occurs. A vote is taken on whether to permit the Bill to proceed to the committee stage.
- Committee stage
Annotations:
- Detailed examination if each clause of the Bill by a Public Bill Committee (between 16-50 MP's). The Committee may propose amendments.
- Report stage
Annotations:
- The House debates the amendments then accepts or rejects them. Further amendments may be made.
- Third reading
Annotations:
- The House takes a final vote on the Bill.
- Royal Assent
Annotations:
- Once the Bill has passed through each stage in both Houses, it must receive Royal Assent to become an Act of Parliament.
- Act of Parliament
- Delegated Legislation
Annotations:
- Parliament does not always have the time and expertise to pass detailed primary legislation and so an Act of Parliament can delegate limited law-making powers to another person or organisation (e.g. the Secretary of State, Railtrack etc.). Delegated legislation has the same legal force as its Parent Act.
- Parent Act
Annotations:
- Specifies who may make delegated legislation, and the scope of that delegated legislation.
- By-Laws
Annotations:
- Made by a local authority or statutory body; affect only a geographical area or business sector over which the local authority or body has jurisdiction.
- Statutory Instruments (SIs)
Annotations:
- Five forms, most common being Regulations. Most delegated legislation is drafted by civil servants or legally trained staff and it is not subject to the same scrutiny in Parliament. Parliament does not have the power to amend an SI. It must either accept it as drafted or reject it completely.
- Affirmative procedure
Annotations:
- A parent Act can specify that any SIs made under the Act are subject to an affirmative procedure. This means that such SIs must be approved by a vote in each House of Parliament.
- Negative procedure
Annotations:
- About two-thirds of SIs become law without any parliamentary scrutiny; this is the negative procedure.
- Parliamentary control
- Parliamentary Joint
Committee on Statutory
Instruments
Annotations:
- SIs are reviewed by the Parliamentary Joint Committee on Statutory Instruments but this is limited to the drafting of the SI - it cannot comment on the merit of any substantive proposal.
- House of Lords' Secondary
Legislation Scrutiny
Committee
Annotations:
- Has the power to consider the policy implications of SIs that are subjCommittee can draw particular SIs to 'the special attention of the House'.
- Parliamentary Joint
Committee on Statutory
Instruments
- Judiciary control
Annotations:
- Again concerned with the wording of the enabling Act. If an SI does not comply with the limits imposed by its parent Act, the High Court can order a judicial review but this is very costly and subject to a number of formal requirements.
- Advantages and disadvantages
Annotations:
- Advantages: 1) can be made more quickly as there is no lengthy parliamentary processes; 2) parliamentary time is saved; 3) can be very detailed and specific, made with expert assistance; 4) must conform to the limits imposed by its parent Act; 5) allows law to be kept up-to-date, without the direct intervention of Parliament.
- Disadvantages: 1) the sheer volume of delegated legislation leads to a lack of clarity; 2) SIs are subject to a less democratic process; 3) significant changes can be brought about by SIs but because they aren't debated in Parliament, they receive little publicity. This can be seen as sneaky; 4) provisions of scrutiny are limited; 5) SIs can be very detailed and technical - it is unlikely that all their detail can be understood; 6) the process for challenging SIs in court is very expensive and formal.
- Statutory Interpretation
- Delegated Legislation
- Parliament Act 1911/1949
Annotations:
- If the two Houses cannot agree on the Bill, this Act provides that the House of Commons can pass almost any Bill without the House of Lords approval, provided: *the Bill passes all its stages in the House of Commons in two successive parliamentary sessions; *at least a year has passed since the Bill first had its second reading in the House of Commons.
- Influences for
new legislation
- political ideas
of governing
party
- public demand
(pressure groups;
lobbyists)
Annotations:
- Examples: Unions (Teachers/Farmers etc.), Greenpeace, the media.
- Law Commission
Annotations:
- Monitors and reviews the current law and makes recommendations for amendments. May also draft new legislation to be considered.
- political ideas
of governing
party
- Common Law
- European Union Law
- Form hierarchy:
EU law,
Parliament,
Common Law
- Democracy
Annotations:
- The UK is a democracy - the citizens of the state have the ruling power by voting and electing the people they wish to govern them.
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