1.1 - Describe processes used for law making (FINISHED) Flashcards
(21 cards)
Green paper
Initial report based on public discussion
White papers
Detailed plan for legislation
Bill
Draft act of a white paper to present to Parliament
Stages of Government processes
- First reading
- Second reading
- Committee stage
- Report stage
- Third reading
- Opposing house
- Royal assent
First reading
Bill introduced to the House (of Commons) and is a formal announcement of the title & aim -> followed by a vote
Second reading
The main principles of the Bill are considered & debated -> followed by a vote (if majority support, the vote is won)
Committee stage
Examined in detail by a small committee from the House consisting of different parties
Report stage
The committee report their amendments & they are considered and voted/debated by whole House
Third reading
No amendments allowed & is the final stage for a debate (vote to reject/pass)
Other House (ping-pong)
The Bill is given to the opposite house (Lords/Commons) and the process is gone through again and returned back to the other house to accept/reject any amendments
Royal assent
The monarch signs off on the Bill & it becomes a law (typically from midnight of the day of signing unless training is needed)
Precedent
Laws made by judges after judgement in a case
- must be followed by courts lower down in the hierarchy
Different types of precedent
Original, binding, persuasive
Original precedent
Court rules for the first time on an area of law where there is no previous precedent
Binding precedent
Courts make a decision that MUST be followed by a lower court
Persuasive precedent
Courts don’t have to follow the decisions made by another BUT if the decision is robust enough, they may be strongly persuaded to follow
Statutory interpretation
Judges apply & interpret the law to the case they are hearing based on Parliament’s wording
3 rules that aid statutory interpretation
Literal rule, golden rule, mischief rule
Literal rule
Judges use everyday/ordinary meanings of a word (issue lies with various meanings of a word)
Case: Whiteley v Chappel (not guilty of impersonation of someone entitled to vote as the person he impersonated was dead so not entitled to vote)
Golden rule
Allow for courts to modify & adapt definitions to avoid absurd results from abiding by literal rule
Case: Adler v George (judge adjusted definition of vicinity to include inside a prohibited location after man sneaked into an RAF base)
Mischief rule
Enforce the meaning intended by statute rather than the actual literal wording
Case: Corkery v Carpenter (law stated it was illegal to drive a carriage whilst drunk but he was on a bicycle drunk -> still guilty)
