1.1- Processes Used For Law Making

Question 1

What is the governmental process of law making

Answer 1

Laws made by parliament (legislation)

Question 2

What is the monarch

Answer 2

King or queen (uk), provide royal assent- agreement to new law

Question 3

Who are the House of Lords

Answer 3

Members who conduct their own checks on new laws that are proposed form HOC, members can include- religious groups, life peers, those who’ve inherited their position

Question 4

Who are the House of Commons

Answer 4

There’s 650 elected representatives of the people, receive position through general elections, prime minister leads party that has the majority of the representatives
Must agree on new proposed law (bill)

Question 5

Name the stages of the bill becoming a law

Answer 5

• green paper
• white paper
• 1st reading
• 2nd reading
• committee stage
• report stage
• 3rd reading
• HOL
• royal assent

Question 6

Explain the green paper step

Answer 6

Green paper published by gov- includes questions for individuals to respond to and discuss

Question 7

Explain the white paper step

Answer 7

After green paper, Details plans for proposed law, sometimes includes draft copy of bill

Question 8

Explain the 1st reading

Answer 8

A formal announcement of the bill made by government to HOC, vote taken to allow it to progress

Question 9

Explain the 2nd reading

Answer 9

Bill read out again, debated by HOC, further vote taken

Question 10

Explain the committee stage

Answer 10

Small number of MPs from different political parties examine/scrutinise the bill

Question 11

Explain the Report stage

Answer 11

Committee provide report to all MPs based on examination of the bill, further debates and vote on proposed amendments

Question 12

Explain the 3rd reading

Answer 12

No further amendments aloud at this point, debates can still be made, vote to accept/reject the bill

Question 13

Explain the stage of the House of Lords

Answer 13

Bill passed to HOL- go through similar stages as other house, if amendments made- returned to HOC where vote taken to reject/accept changes (ping pong)
Final say is with House of Commons

Question 14

Explain the royal assent stage

Answer 14

Once accepted, the bills sent to monarch for signing, required formality, bill then becomes act of parliament (can take affect immediately unless theirs a future commencement date indicated in the bill)

Question 15

Whats a real life example of when a bill became a law/act of parliament

Answer 15

Dangerous dogs act became act of parliament by going through the governmental process, was the result of a moral panic caused from the media (was rushed due to the pressure- considered problematic because of a lack of thorough scrutiny which failed to consider the treatment of dogs by the owner rather than just blaming the dog)

Question 16

What are the 2 different processes of the judicial process of law making

Answer 16

• judicial precedent
• statutory interpretation

Question 17

What is judicial precedent

Answer 17

Where the past decisons of judges creat laws for future judges to follow, future judges are expected to uphold these laws (consistency)

Question 18

What does a decision made at the top of the courts hierarchy(supreme) create

Answer 18

Precedent for courts lower in the hierarchy to follow (magistrates)

Question 19

What are the exceptions to judicial precedent

Answer 19

• distinguishing- if judge can make distinction between 2 cases then the precedent doesn’t have to be followed
• overruling- where higher courts don’t agree with decisions made in previous cases

Question 20

What are the 3 types of judicial precedents

Answer 20

• original
• binding
• persuasive

Question 21

What is statutory interpretation

Answer 21

Where judges rely on interpreting written laws when applying cases

Question 22

What are the 3 rules judges follow to make interpretations

Answer 22

• literal rule
• golden rule
• mischief rule

Question 23

Explain the literal rule

Answer 23

Interpretations Use ordinary/dictionary meaning of words

Question 24

explain the golden rule

Answer 24

Where the meaning of the words can be modified, especially in cases where an absurd result is likely to occur if the law is interpreted literally

Question 25

Explain the mischief rule

Answer 25

Intention of law is used by the judge rather than the wording (licensing act- illegal to drive carriage whilst under influence of alcohol- judges inferred it would also be illegal to drive any transport under influence of alcohol)