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Advatages and disadvantages of Parliamentary law Process

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by

Romana Maric

on 19 November 2012

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Transcript of Advatages and disadvantages of Parliamentary law Process

The main advantages of the parliamentary law-making are;
Scrutiny
Democracy
Government control
House of Lords
Flexibility The Advantages The legislative process is consistent of stages different stages (3 readings & 2 stages) in both of
the Houses. this allows for scrutiny, debate and amendment to take place on a number of
opportunities. this allows for poor drafting to be corrected. Scrutiny & Democracy When drafting a Bill, draftsmen use
words that are ambiguous, unclear and over
elaborate (eg; the word intent) Approximately
75% of the cases heard in the Lords are about
the interpretation of words.
Furthermore, some acts are badly structured
(Eg OAPA). This makes it difficult for a lay
person to know the law on a particular subject.
A badly worded and structured law is
inaccessible to an ordinary person. Dated Processes
(language & statistics) The House of Lords and the Queen
are both unelected. The Lords may delay a
Bill that is proposed by the elected House
(Commons). This is undemocratic. However each
MP in the Commons has party affiliations therefore they may not represent their constituency. Undemocratic The Disadvantages The main disadvantages of Parliamentary
law-making are;
It is undemocratic
There is Government Control
It is Slow
It is a dated process (language and statistics) Advantages and Disadvantages of
the Parliamentary Law Making Process ADVANTAGES Disadvantages Scrutiny Democracy Parliamentary law-making process is democratic. The MPs
in the Commons are elected. The Lords are not able to
veto a Bill the commons have approved.Furthermore
the Lords power is limited by the Parliament
Act 1911 &1949. The role of the
Monarchy has reduced over time. The House of Lords The house of Lords is a check mechanism.
The Lords can serve to point out the faults
within a bill, faults such as Governments political agenda. The Lords can delay a bill, this allows time for further amendment.
The Life Peers are experienced in their field
therefore they can provide high scrutiny.
Lords can act independently when voting. But
they may have to follow party leadership.
With money Bills, the whole House sits at
the Committee stage when money Bills
are decided, this prevents
unlawful taxation. Government Contol &
Flexibility Government Control The government controls many of the aspects of
law making. eg- timetables for debates. Also
because they have the most seats, they are likely to win at each voting stage. This is democratic as the
MPs are elected. They are chosen by the People. Flexibility There are different types of Bills that can be
introduced into both Houses by MPs other then
the government. This means that there is a
chance for controversial legislation to
be introduced. Slow The process concerned with many different
stages and reading. Each stage is time
consuming therefore the chance that a
law is produced effectively and fast
is very low. Royal assent is a
formality, takes time Government Control The Government hold the majority of
the seats in the Commons this means that
they outnumber all the other parties. This
also means that Private Members Bills can
be votes out. In 2005-2006, only 3 out of
130 Bills were enacted.
The Commons can technically pass any
Act that it wants too though the use of
Parliament Act, despite the Lords
objections.
Eg- Hunting Act 2004.
Full transcript