1.1 - Describe processes used for law making

Question 1

Describe Parliament

Answer 1

Laws/legislation are made by parliament and it consists of a monarch, the house of lords and commons.

Question 2

Describe the house of Lords

Answer 2

800 members (peers)
92 hereditary peers
26 Church of England bishops/arch bishops
Rest are life peers
Acts as a double check on laws

Question 3

Describe the house of commons

Answer 3

The commons is made up of 650 MPs who are elected and represent a constituency

Question 4

Describe the government
Green + White paper

Answer 4

Formed by the leading political party who has a majority of the 650 MPs, led by a PM
Bills proposed
Green paper - Initial report of bill published to parliament to provoke discussion
White paper - Published document that sets out the plans for legislation

Question 5

List and briefly describe the parliamentary stages of a bill

Answer 5

1 First reading - First reading of bill in commons
2 Read again, debated and voted upon, moves on if vote is won
3 The Committee stage - The bill is examined line by line by a small committee made up of different MPs who report back to the house, often proposing changes
4 The Report stage - MPs debate over the committee’s report and vote on amendments
5 Third reading - Final chance for objection. Changes finished
6 The Lords - Goes through the same stages as the commons, and if amended, returns to commons for the Lords amendments to be allowed or not
7 Royal Assent - Monarch agrees or not

Question 6

What is judicial precedent?

Answer 6

A source of law-making where past decisions of judges create law for future judges to follow

Question 7

What is the court hierarchy?

Answer 7

The multiple courts: The supreme court at the top, magistrates at the bottom
High court decisions set binding precedents for lower courts

Question 8

Describe the 2 forms of exceptions to precedent and give an example

Answer 8

Distinguishing - If the precedent is too different to the case it is being used in, a judge can ignore the precedent
Overruling - Higher up courts can state a legal decision in a previous case is wrong

Marital Rape law - In 1992, in the R v R case a man used the old precedent of a man cannot be guilty of raping his wife, in the defence of his attempted rape of his wife, as marriage was irrevocable consent. The judges ruled this outdated and overruled the precedent

Question 9

List and describe the 3 main rules judges must follow when interpreting statutes

Answer 9

1 The Literal rule - judges should use the common meanings of the words
2 The golden rule - Allows the court to modify the literal meaning to avoid absurd results the literal rule can produce: In the Adler v George case 1964, Adler used the Official secrets act that states it was an offence to obstruct her majesties forces in the vicinities of a prohibited place, to say he was In the place, and not the vicinity. Golden rule applied, Adler convicted.
3 - The mischief rule - Allows the court to enforce what the statute intended to achieve rather than what the words say