1.1 Processes Used for Law Making Flashcards
(35 cards)
1
Q
What is
Parliament
A
All 650 Members of Parliament from all parties.
2
Q
What is
Government
A
The elected party in power
3
Q
What are the key features of
The House of Commons
(HoC)
A
- Green seats
- 650 members
- Represent the constituency 1 (elected at general elections)
- The PM elects their Cabinet 2
- The opposition are all parties that did not get elected
1 - a group of voters in a specified area who elect a representative to parliament
2 - a committee of senior ministers responsible for controlling government policy.
4
Q
What is the role of
The House of Commons
(HoC)
A
- Directly elected
- Determine policy regarding running the country
- Debate matters of current concern (cozzy lives)
- Debate+scrutinise laws proposed by government
- MP’s are there to challenge the government to hold it accountable
- Represent the view of the electorate
5
Q
What are the key features of
The House of Lords
(HoL)
A
- Red seats
- Not elected
- Not paid
- Non mandatory attendance
- Consists of hereditery peers 1 + life peers 2
- Also consists of 26 Bishops of the Church of England
1 - Born aristocracy
2 - Appointed due to societal contribution
6
Q
What is the role of
The House of Lords
(HoL)
A
- To compliment the HoC in decision making
- A major part of passing legislation and are able to scrutinise and amend legislation
- Question the Government
- Debate policy and matters of general concern
- Introduce some bills
- Delay legislation to allow further time for research and consult
7
Q
What is the role of
The Crown
A
- To open each parliamentary session with the traditional ceremony
- To give royal assent to all legislation 1
- To appoint and dismiss/ accept the resignation of the PM
1 - the bill does not become an act until royal assent is given
8
Q
Types of Bills
Public Bills
A
- Two types of Public bills
government bills private member bills
- Bills that will affect all of the general public in the UK
- The Scottish, Welsh and Northern Irish governments are able to legislate matters regarding their own countries (uni tuition/covid laws)
9
Q
What are
Public bills
(Government Bills)
A
- To honour manifesto promises
- Respond to specific concerns / matters
- Comply with national treaties
- Follow recommendations regarding law reforms (Brexit/ covid/ Russia sanctions)
10
Q
What are
Public Bills
(Private Member Bills)
A
- Brought in by individual members of parliament
- Not given much attention/ time
- Often to raise awareness tolead to legislation
- Can be intriduced by members of either house
- (Sunbeds Regulation act)
11
Q
Types of Bills
Private Bills
A
- Affect the Individual, Organisation or Specific area
- Passed due to petition from the Individual, Oragnisation, or Area affected
- Very rare (2 since 2019)
- (Highgate cemetary Act 2022)
12
Q
Types of Bills
Hybrid Bills
(Cross between Private and Public Bills)
A
- Introduced by government minister
- Rare
- Normally used to secure permission and apower to operate major infrastructure projects
13
Q
What is a
Bill
A
The name for a proposal as it moves through parliament
14
Q
What is
An Act
A
The bill becomes an Act after it has moved trough parliament and been given royal assent
15
Q
What is
Civil Law
A
Concerns the rights and duties of citizens;
* Lending and borrowing money
* Entering Contracts
* Disputes with neighbours
* Getting Married
* Wills and Inheritance
16
Q
What is
Criminal Law
A
Concerns offences against society;
Crimes aginst the person
- Murder
- Assault
- Rape
Property Crime
- Theft
- Burglary
- Fraud
17
Q
What are the key features of a
Judge
A
- An independant body from the police and government (cannot be told what to do)
- It is up to a judge to ensure punishment for breaking laws
- If someone is unhappy with or disagrrees with the verdict of a judge, they must appeal to a higher court.
18
Q
How are Judges appointed
(in the UK)
A
- Judges are chosen by the Judical Appointments Commission (JAC)
- Judges are chosen from experienced barristers and soliciters
- Levels of experience differ form judge to judge
19
Q
What is
Role of a Judge in a crown court
A
- To use their knowlege and experience of the law to ensure a trial is conducted in a fair and legal way
- The judge manages the trial and makes decisions regarding the law
- The jury determines if the defendent is guilty
- The judge issues the sentence
- The judge makes sure the jury is aware of its role in the process, and to give legal advice and ensure the case stays fair within the law
20
Q
what is a…
Judicial Precident
A
- The law made by Judges whilst in the courts
- Judges give judgement during one case and that judgement form the law that will b upheld during similar cases in the future
- Precidents can oly be overruled in higher courts
Daniels v White - metal lemonade
Donoghue v Stevenson - snail gingerbeer
Daniels v White - metal lemonade
20
Q
What is
Common Law
A
- Law that has grown from decisions made during court cases by judges
- Decisions from high courts are recorded, then used by lower court judges in order to determine sentences
- Use of common law ensures that cases are not treated randomly, and similar crimes recieve similar punishments
20
Q
What is
Statutory Interpretation
(three rules)
A
- Judges are sometimes called to interpret information within a statute of law, with three rules being used to help.
- The Literal Rule
- The Golden Rule
- The Mischeif rule
21
Q
What is
The Golden Rule
(statutory interpretation)
A
- Allows the court to modify the literal meaning of a statute to avoid confusion
- E.G - Adler v George (1964), the Official Secrets Act (1920) makes it an offence to obstruct HM forces near a prohibited place (ie. a navel base), however Adler was atill charged despite argument that he was not in the vicinity, as he was inside a prohibited place.
21
Q
What is
The Literal Rule
(statutory interpretation)
A
- Ensures the court to use the simplest/ ordinary meanings of the words in statute
- May cause confusion as there are often several different meanings to a word
- E.G - R v Maginnis (1987), regarding illegal drugs - different judges found different meanings of the word supply
22
# What is
The **Mischief** Rule
| (statutory interpretation)
* Allows the court to enforce the intended meaning of the statute rather than what it actually states
* E.G - Corkery v Carpenter (1951), Licensing Act (1872) makes it an offence to be drunk in charge of a 'carriage', the mischief rule allowed conviction despite Corkery being in charge of a bicycle, arguing the Act banned the use of all vehicles whilst intoxicated.
23
# Stages of Lawmaking
Green Paper
Stage 1
* Consult prior to drafting the bill. Outlining policy and alternatives.
24
# Stages of Lawmaking
White Paper
Stage 2
* Revisit recommendation after the consultation stage
* (Bills can bypass the the green paper stage)
25
# Stages of Lawmaking
Bill is Brought before Parliament
Stage 3
* The bill can enter parliament through either the HoL or HoC but it must pass through both houses before moving forward
26
# Stages of Lawmaking
First Reading
Stage 4
* Gov first introduces the bill into the house, and recieves its first reading
* The first reading is a formal announcement of the bill and its contents, followed by a vote to see if it will move further
27
# Stages of Lawmaking
Second Reading
Stage 5
* The bills main principles are debated by the whole house, then voted on
* If the vote is in favour of the bill it will mobve on to the comittee stage
28
# Stages of Lawmaking
The Committee Stage
Stage 6
* The bill is scrutinised by a small group of MPs from different parties
* The comittee reports back and will propose amendments to the bill
29
# Stages of Lawmaking
Report Stage
Stage 7
* The MPs are given oppurtunity to consider the committee report, debate and vote on ammendments - possibly lasting for several days
30
# Stages of Lawmaking
Third reading
Stage 8
* Immediately following the report stage the third and final reading of the bill occurs.
* This is the final chance for debate regarding the bill
* No ammendments are to be made, only a vote to pass or reject the bill
31
# Stages of Lawmaking
Other House Stage
Stage 9
* A bill usually passes through the HoC then HoL
* The bill will then pass through the other house, following the same processes.
* If the HoL amends the bill, it must be returned to the HoC for the MPs to vote on the Lords Amendments
* The HoC has fial say due to it being a democratic electorate
32
# Stages of Lawmaking
Royal Assent
Stage 10
* The bill once pased through all stages and amendments, it goes to the monarch for signing
* Once the bill has been signed it makes it an act or a law
* The act will come into force immediately unless it is only applicable at a specific date
