1.1 processes of law making

Question 1

What is the House of Commons?

Answer 1

the lower house of parliament

Question 2

What is the House of Lords?

Answer 2

the second chamber of parliament

Question 3

What is the Monarch?

Answer 3

head of state

Question 4

What is the governmental process of law making?

Answer 4

• green paper - public consultation for a potential law to be discussed
• white paper - a draft of the law presented to parliament
• first reading - name and aims read out, formal vote taken
• second reading - main debate of bill followed by a vote
•committee - representatives address any issues and suggest changes
• report - report back to house who vote on the proposed amendments
• third reading - final vote
• royal assent - the monarch signs the bill

Question 5

What is judicial precedent?

Answer 5

when a past case outcome influences the outcome of a similar case in the future

Question 6

What are the 2 exceptions to judicial precedent?

Answer 6

1. Distinguishing - if the facts are not similar enough to the case
2. Overruling - if a higher courts disagrees they can overrule the precedent

Question 7

What is the judicial process of law making?

Answer 7

1. judicial precedent
2. statutory interpretation

Question 8

What is statutory interpretation?

Answer 8

3 rules;
• The literal rule - using everyday ordinary language as meaning can be interpreted differently
• The golden rule - the meaning can be modified if it’s seen as not fair
• The mischief rule - what the law is meant to achieve not what the actual words say