Advantages and Disadvantages of
Parliamentary Law Making
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
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
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
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)
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
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
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.