Parliamentary Law Making Advantages

Cards (7)

  • The Parliamentary Law-Making system whereby the House of Commons, House of Lords and Monarch work together to develop new legislation, is an established system which has been in effect for a number of centuries, holding many strengths.
  • Democratic:
    We live in a society whereby those who make the Laws in the House of Commons are elected officials, who can be voted in or out of power by the general public. There is a general election every five years and the public can vote out any government if it has not performed as the public expected. The public will have the power to be involved in Law making and have an influence on the MPs as they will try to make Laws in accordance with what the public want so that they can stay in power.
    E.g. at the 2010 Election, the Liberal Democrats promised to abolish tuition fees if they were elected, formed a coalition Government with the Conservatives and in 2011 they voted to raise tuition fees to £9,000. As a result, at the 2015 election they lost most of their MPs.
  • Long and Thorough
    There has been plenty of consultation and scrutiny. Even before a Bill is presented to Parliament consultation will have occurred during the Green Paper with interested bodies putting forward their views so objections and further suggestions can be considered. This, combined with the fact that all Bills have to go through the lengthy process in both the HoC and the HoL makes sure that the Law is thoroughly discussed and scrutinised so well thought out and informed law is created. The Bill is debated in the Second Reading and then examined word by word, line by line, clause by clause at the Committee Stage. It will also be reviewed by experts and specialists in the House of Lords to ensure the Bill is the best version of itself that it can be. Also, if at any stage the Bill is not voted in favour of, then it will not progress any further.
  • Broad Policies
    Allows Parliament to give power to others to fill in the detail at a later date (through Judicial Precedent and Delegated Legislation). Act is clear in dealing with a particular issue, but can be added to if there is a problem at a later point. General structure is laid down by Parliament but allows greater detail to be included in the Law by individuals who have full knowledge and expertise of the area, than if it was just contained in Act of Parliament.
    E.g. the Police and Criminal Evidence Act 1984 which sets out the rights and regulations of the Police
    However, the detail in how the Police use these powers is set out under the PACE Codes of Conduct which are 8 separate codes which were created after the Act such as code A which deals specifically with Stop and Search.
  • Reform Whole Areas of Law
    Bring together an area of Law in one act
    E.g. in criminal law, Parliament created the Fraud Act 2006 which abolished all the old offences of deception and fraud and created a newer and simpler structure of offences
    Judges can only change the law on very small areas of law as they can only rule on the point of law in the case they are deciding whereas Parliament can make much bigger changes at once making the law more accessible.
  • System of Parliamentary Sovereignty
    Statute passed by Parliament is the highest law in the land and must be followed by all those in the land. It cannot be questioned and Judges must apply it as per the specific wording of the statue. There should be a clear separation of powers between the law makers (legislature) and law appliers (judiciary). This allows Parliament to maintain control over the Laws which are created and stop other law making bodies from overruling their authority.
  • As such, it can be seen that the role of Parliament in the law making process is wholly advantageous. The Laws which are created are detailed, thorough and well researched before being implemented. Further, the democratic nature of the system ensures that the Laws Parliament make are based on the will of the people and uphold their wishes via Parliamentary Sovereignty.