1.1 Describe Processes Used For Law Making Flashcards
(10 cards)
Two sources of processes that make laws
Government and judicial
Government members involved in the process of law making.
Members of parliament :
Monarch - king/ who provides royal assent (agreement to law).
House of lords - members of inherited position or life peers, conduct checks on new laws that are proposed by House of Commons.
House of Commons - 650 elected representatives, prime minister leads this party to agree on proposed law which is then sent to royal assent.
What is a proposed law?
A bill.
How does a bill become a law?.
(Government processes of law making).
A bill is first published as “green paper” by the government for interested individuals to respond to.
After response, “white paper” is then published with plans for proposed law. E.g drafted copy of bill.
The stages of approval for the bill.
(Governmental).
1st reading - formal announcement of bill made, a vote is taken to allow progress to 2nd reading.
2nd reading - bill is read by House of Commons. Another vote done to allow progression.
Committee stage - small group of MPs from different parties examine the bill.
Report stage - committees provide reports to MPs based on the examination of the bill, this provides opportunity to debate and vote on bill.
3rd reading - no amendments are allowed on bill, vote is done to finally accept or reject the bill.
House of Lords - go through stages of debate and scrutiny of Bill. if there is any amendments to be made the bill is re-returned to House of Commons
Royal assent - once Bill is approved, sent to monarchs for signing, the bill becomes an act of parliament and law can take affect immediately.
Example of bill becoming law.
Dangerous dogs act 1991.
- bill was rushed through stages due to moral panic caused by media.
- This bill becoming a law is considered problematic as rushed processes led to breed blaming and did not consider dog ownership.
Judicial processes of law making
Done through two different processes.
- Judicial precedent.
- Statutory interpretation.
Judicial precedent.
(Judicial process).
- past decisions of judges create laws for future judges to follow, this allows cases to be handled in consistent ways to previous cases.
- It helps shape how criminal laws are interpreted e.g different ways self-defence can be applied through law.
- Helps create legal predictability in criminal law enforcement.
- initial decisions start at the top of court hierarchy (supreme court) which creates a precedent for lower hierarchy (magistrates court).
Statutory interpretation.
- judges rely on interpreting written laws when applying them to cases and must follow rules:
A) literal rule - use ordinary meanings of words to reduce confusion.
B) golden rule - meaning of the word can be modified if an absurd result is likely to occur if the law is interpreted literally.
C) mischief rule - the intention of the law is used by the judge rather than the wording.
Example of mischief rule in statutory interpretation.
The licensing act (1872)
- Made it illegal to drive a carriage whilst under the influence of alcohol.
- New judges inferred from this that it would also be illegal to drive any form of transport under the influence.
