Learning objective: to understand the role of parliament in making laws Parliamentary law- making Typical exam question: 1.Influences on parliament 2.How a law is made 3.Pros and cons of parliamentary legislation “Parliament is supreme legislator, but from the moment Parliament has uttered its will as lawgiver, that will becomes subject to the interpretation put upon it by the judges of the land.” An Introduction to the Study of the Law of the Constitution – A.D. Dicey 1885
Influences on Parliament: Your task Research and present your findings on the following influences on parliament: The Law Commission Pressure Groups The media/public opinion
Learning objective: to be able to explain the steps involved in parliamentary law making The Commons: lords/members/mps/ lords/members/mps/ The Lords: offices/lords/lords-by-type-and-party/ offices/lords/lords-by-type-and-party/ The Crown: crown/ crown/ Public bills: Ni-h8R2d0&NR=1http:// Ni-h8R2d0&NR=1 Your task : Watch the video and then make a colourful, easy- to-follow diagram of the legislative process.
Learning objective: to be able to cite advantages and disadvantages of parliamentary law-making Democracy Scrutiny: MPs and House of Lords Government influence Flexibility: Private members’ bills advantages
disadvantages Democratic? The House of Lords? The Queen? Government control (e.g. Using The Parliament Act to pass The Hunting Act 2004) Sloooooooooooooooow Incomprehensibility
Your task: In pairs discuss and decide what is the most important advantage and the most important disadvantage of the parliamentary law-making process.
Learning objective: to be able to select information for exam answers Starter - From Bill to Act: write down one useful fact j28&feature=relmfu j28&feature=relmfu In pairs, make a plan for your answer to question 1 on parliamentary law-making. 3 minutes. Next: turn it into an answer. Repeat with questions 2 and 3 Write down one thing you could have added to improve your mark.
(a) Describe any one influence operating on Parliament before or during the legislative process. (10 marks) (b) Outline the process followed in the making of an Act of Parliament. (10 marks) (c) Discuss the disadvantages of law making in Parliament. (10 marks)
Learning objective: to understand the concept of parliamentary sovereignty and what limits it the Glorious Revolution the Bill of Rights 1688? A.V. Dicey – C19 th constitutional lawyer Parliament has the right to make or unmake any law...no person is recognised...as having a right to override...Parliament (Introduction to the Study of the Law of the Constitution 1885)
Eddie Izzard on Europe
The effect of the EU Treaty of Rome 1957 European Communities Act 1972: EU law is law in the UK. If there is conflict, which prevails? EU law! Case law: Factortame No.2 (1991) ECJ: courts can override Acts of Parliament
The effect of the Human Rights Act 1998Human Rights Act ECHR (which the UK had signed in 1950) incorporated into UK law All legislation to comply with Convention Rights; Section 19 – declaration of compatibility by minister; declaration of incompatibility by courts – e.g. A & others v S of S for the Home Dept (2004): Anti-Terrorism, Crime And Security Act 2001 declared incompatible with Articles 5 and 14.
The effect of devolutiondevolution Scotland Act 1998; Government of Wales Act 1998 ScotlandWales Possible independence for Scotland? Homework: Prepare to sit a 30 minute test next lesson!
Learning objective: To find out what you know and what you don’t know about parliamentary law-making Starter: write down one very useful fact on any aspect of parliamentary law-making. Take 15 minutes to prepare alone or in pairs. Questions