1.1 Flashcards
(16 cards)
What are the stages in order?
- Pre-legislative stage
- First reading
- Second reading
- Committee stage
- Report stage
- Third reading
- Other house
- Royal assent
What is the acronym to help know the stages of governmental law making?
Green Winged Dragons Fly Slowly Clockwise Round The Old Ruin
What is the pre-legislative stage?
- Green paper (consultation document)
- White paper (firm proposal)
- Draft bill
What is the first reading?
When the bill is first announced to one of the houses - usually the House of Commons as they are elected
What is the second reading?
The first debate and vote - the bill can be dropped at this stage
What is the committee stage?
The bill is scrutinised by by a small group of experts
What is the report stage?
If any amendments have been made, they are to be reported to the house by the chairman
What is the third reading?
The final debate and vote
What happens when the bill is passed to the other house?
All stages from the first reading are repeated with the other house (usually the House of Lords). If any more amendments are made, it must be passed back to the other house until both houses agree. This is known as the ping pong effect. Under the Parliament Act 1911/1949 the House of Commons can overrule the House of Lords if they cannot agree.
What is the royal assent?
Where the monarch signs off on the bill. This is usually a formality as the last time the monarch did not sign off on a bill was 1708.
What are the 3 institutions that make up parliament?
- House of Commons - elected
- House of Lords - unelected
- The monarch - inherited
What are the 2 types of judicial law making?
- Statutory interpretation
- Judicial precedent
What is statutory interpretation?
The judge interprets the meaning of words and phrases within an act when applying the law
Literal rule = gives words their original meaning even if the results are unreasonable or lead to consequences
Golden rule = apply literal rule but depart if the result is impractical
What is judicial precedent?
Original precedent = if no precedent was set that judge can set precedent
Binding precedent = if precedent has been set by a higher court then it is binding precedent and much be followed by lower courts if the cases are similar
What case can be used for statutory interpretation?
Whitely vs Chappell
Found not guilty of impersonating a dead person as dead people can’t vote
What cases can be used for judicial precedent?
Donoghue vs Stevenson
Lord Atkin created the “neighbourhood principle” where a manufacturer owes a duty of care to consumers
Daniels vs White
This case followed principle from case above
