1.1 - Law making process Flashcards
(16 cards)
What are the 10 stages??
Green paper
White paper
Draft bill
First reading
Second reading
Comitee stage
Report stage
Third reading
Ping pong
Royal assent
What is the green paper??
Broad indication of the aims of the bill
What is the white paper??
More detailed with feedback of non gov interested parites + gov departments
What is the first reading??
Short title + main aims of bill are announced
No debate but is a vote
Usually fails here but if it passes usually suceeds.
What is the second reading??
House debates the whole bill + usually takes 2 weeks and another vote
What is the commitee stage??
Passed to standing commitee. Detailed examination of bill takes place. Amendments are voted on
What is the report stage??
MPs have floor for further amendments - each one voted on
If none made at comittee then straight to third reading
What is the third reading??
Final chance for a debate on contents - usually no changes and likely it will suceed.
What happens after third reading??
passed to other house
What is the ping pong stage??
Passed back and forth until they agree on a version of the bill
What is commencement??
Bill usually ( unless given a time ) commences at midnight
What are the 3 of precedent types??
Original - descion on new area
Binding - have to follow
Persuasive - chooses to follow
What are the 3 statutory interpatations??
Literal rule
Golden rule
Mischief rule
What is the literal rule??
Used everyday - ordinary meaning of words in statute
Whitley V Chappel - voted as a dead person - “an offence to impersonate another person to vote”
What is the golden rule??
If literal leads to absurd results, the golden rule allows courts to modify
“official secrets act 1920” “in the vicinity of a prohibited place cannot obstruct her majities forces - adler v george
said he was in the place not “in the vicinity”
What is the mischief rule??
Can apply whatever the act was trying to achieve not what it really says
Licensing Act ( 1872 ) makes it an offence to be drunk in charge of a ‘carriage’ on the highway.
Corkery v Carpenter (1951)
