OCR A-level law paper 2
evaluation:
Parliamentary Law Making - Positives
• Many scrutiny stages – little room for errors, laws are thoroughly discussed
and scrutinised through the committee – better laws = more justice
• Follows Parliamentary Sovereignty – Parliament should be the highest and
only democratic body making laws
• As the public can see on the gov website where legislation is in the
process, it shows transparency to the public and the public are aware of
what new laws are being made – good for relationship with society
• The law is being made by elected representatives that the general public
vote for – democratic – the public can vote out any government if it has
not performed at the public expected level
Parliamentary Law Making – Negatives
• Time – the process is long and requires a lot of stages - delays in justice
• MPs are not specialists in all areas of law which means some areas may be
overlooked in Commons - difficult to remove a badly drawn or outdated
piece of legislation due to Parliamentary Sovereignty, which means
another Act will be required to remove or amend the original law, making
the law complex and layered
• Public are not aware because some don’t know they can go visit and go on
the website; lack of awareness that they can get involved
• House of Lords and Royal Ascent is undemocratic, MPs often vote on party
lines and in the interests of their party, not their elected area
Delegated Legislation – Positives
• Quicker than Parliament – days rather than months, compared to the
Parliamentary Law Making process
• Parliament can focus on other important issues – by giving powers away,
Parliament are saving time on areas they would have had to make the
laws on!
• Experts make it e.g. education minister / health minister
, • Parliament don’t have the time to make every little law in each area!
Something Wakefield Council see as very important could be low on Ps list
of priorities
• Local councils are better to make local laws e.g. parking / ball games
Delegated Legislation – Negatives
• No public involvement - no scrutiny
• Not made by those elected into power
• Lack of control – judicial review problems? Parliament problems?
• Complex – A lot of del leg around complicated for judges – over 3000
statutory instruments per year
• Relies on civil servants working in their departments. Brings the comment
that a lot of law is made by unelected civil servants
• Undemocratic as made by unelected people rather than MPs
• Demographic of order in council – full of senior politicians who lack
diversity. The composition of a law will not have a range of opinions
• Parliament may not have access to technical expertise or knowledge.
Society has to follow laws which are in need of improvement
• Little publicity compared with acts of parliament which means people are
unaware a ruling exists
Delegated Legislation Controls – Positives
Enabling Act
• Good as it gives clear nature and scope
• Explains who to consult
• Power taken away if don’t follow
Resolution Procedures
• Good as the law still gets checked
• Negative – allows it to be revoked within the 40 day time limit
Scrutiny Committee
• Final check after law is passed
• Can go back to Parliament and tell them about any ultra vires
Judicial Review
• Good for judges to declare UV as official
evaluation:
Parliamentary Law Making - Positives
• Many scrutiny stages – little room for errors, laws are thoroughly discussed
and scrutinised through the committee – better laws = more justice
• Follows Parliamentary Sovereignty – Parliament should be the highest and
only democratic body making laws
• As the public can see on the gov website where legislation is in the
process, it shows transparency to the public and the public are aware of
what new laws are being made – good for relationship with society
• The law is being made by elected representatives that the general public
vote for – democratic – the public can vote out any government if it has
not performed at the public expected level
Parliamentary Law Making – Negatives
• Time – the process is long and requires a lot of stages - delays in justice
• MPs are not specialists in all areas of law which means some areas may be
overlooked in Commons - difficult to remove a badly drawn or outdated
piece of legislation due to Parliamentary Sovereignty, which means
another Act will be required to remove or amend the original law, making
the law complex and layered
• Public are not aware because some don’t know they can go visit and go on
the website; lack of awareness that they can get involved
• House of Lords and Royal Ascent is undemocratic, MPs often vote on party
lines and in the interests of their party, not their elected area
Delegated Legislation – Positives
• Quicker than Parliament – days rather than months, compared to the
Parliamentary Law Making process
• Parliament can focus on other important issues – by giving powers away,
Parliament are saving time on areas they would have had to make the
laws on!
• Experts make it e.g. education minister / health minister
, • Parliament don’t have the time to make every little law in each area!
Something Wakefield Council see as very important could be low on Ps list
of priorities
• Local councils are better to make local laws e.g. parking / ball games
Delegated Legislation – Negatives
• No public involvement - no scrutiny
• Not made by those elected into power
• Lack of control – judicial review problems? Parliament problems?
• Complex – A lot of del leg around complicated for judges – over 3000
statutory instruments per year
• Relies on civil servants working in their departments. Brings the comment
that a lot of law is made by unelected civil servants
• Undemocratic as made by unelected people rather than MPs
• Demographic of order in council – full of senior politicians who lack
diversity. The composition of a law will not have a range of opinions
• Parliament may not have access to technical expertise or knowledge.
Society has to follow laws which are in need of improvement
• Little publicity compared with acts of parliament which means people are
unaware a ruling exists
Delegated Legislation Controls – Positives
Enabling Act
• Good as it gives clear nature and scope
• Explains who to consult
• Power taken away if don’t follow
Resolution Procedures
• Good as the law still gets checked
• Negative – allows it to be revoked within the 40 day time limit
Scrutiny Committee
• Final check after law is passed
• Can go back to Parliament and tell them about any ultra vires
Judicial Review
• Good for judges to declare UV as official
