10-Mark Parliament Evaluation

[Chazef]

Could somebody please critique this answer to the generic 10-mark parliament evaluation question. It's probably more than I can write and I want to know which parts I could take out.

Evaluate law making by Parliament: 10 marks.

Parliament is the supreme law making authority and therefore has the primary role of making law. It is an effective law maker, however various weaknesses impede on this effectiveness.

One strength of Parliament is that it is a democratically elected body, with each parliamentarian chosen by the voters of a particular electorate. Each parliamentarian will ensure the interests and views of their electorate is characterised through legislation to remain in office; ensuring representative law which reflects current society values.

However the democratic attributes of parliament may hinder its effectiveness as a law maker, as members may avoid controversial but important issues due to fear of voter backlash. The need to remain in office often is prioritised over making necessary law for the benefit of the nation/state, which also causes laws to be made which unfairly favour the majority of voters at the gross expense of the minority.

Another strength of parliament is its ability to delegate legislation to subordinate authorities. This allows highly technical laws to be made by relevant experts, and prevents minor issues from wasting the time of parliament; thus ensuring parliamentarians can focus on the most pressing issues of the day. This law may also be made quickly due to its exemption from the arguably strenuous legislative process.

However this is also a weakness as subordinate authorities (save local councils) are not elected by the voters, and therefore have no obligation to make representative laws. This negates the principle of representative government as such bodies may make inappropriate laws which do not reflect community values. Furthermore the exemption of delegated legislation from the legislative process allows for rushed legislation which can cause ambiguities and omissions in the law.

Another strength of parliament is its ability to make laws which are comprehensive are cover entire areas of law. By being able to place all aspects of an area of law into a single statute, parliament can reduce the possibility of inconsistencies (which are a great problem in court law-making) and allow for the law to be easily identified by the public and courts, as it found in one place.

However the consistency provided by parliament’s law making is not as strong in the states, as laws may differ between states causing confusion and frustration. For example, the differing road laws between states lead to general annoyances within society.

Another strength of parliament is that it is responsive and can make laws for emergent situations. Parliament’s ability to quickly pass laws through parliament allows for crises to be promptly handled by law. An example is the swine flu crisis of 2009 whereby quarantine laws where quickly enhanced to protect from the threat.

However the speed at which legislation can be passed is greatly hindered by parliament’s bicameral structure. If the upper house is controlled by the opposition, government bills may be rejected or overly-scrutinised by the hostile upper house, intentionally frustrating the system.

Another strength of parliament is its ability to make laws in futuro (for the future). Unlike courts who make laws after an event occurs, parliament can anticipate changes in the future and make laws to cater for such changes, so the law already applies when the situation emerges.

However this leads to often ambiguous and vague laws, as parliament may try to be too broad in its efforts to make laws in futuro. This necessitates statutory interpretation of courts, who may misapply the intentions of an act to the case at hand.

Despite the abovementioned weaknesses of parliament, its representative, quick, responsive, comprehensive law-making abilities, including the ability to delegate legislation, contribute to it being an effective law maker.